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1 - 10 of 12 (0.57 seconds)The Electricity Act, 2003
The Companies Act, 1956
Damodar Valley Corporation Act, 1948
Committee Of Creditors Of Essar Steel ... vs Satish Kumar Gupta & Ors on 3 January, 2019
And, if the Adjudicating Authority would find on a given
set of facts that the requisite parameters have not been
kept in view, it may send the resolution plan back to the
Committee of Creditors for resubmission after satisfying
the parameters. Then, as observed in Maharashtra
Seamless Ltd. (supra), there is no scope for the
Adjudicating Authority or the Appellate Authority to
proceed on any equitable perception or to assess the
resolution plan on the basis of quantitative analysis.
Thus, the treatment of any debt or asset is essentially
required to be left to the collective commercial wisdom
of the financial creditors."
Section 31 in The Companies Act, 1956 [Entire Act]
Section 32 in The Companies Act, 1956 [Entire Act]
Section 38 in The Companies Act, 1956 [Entire Act]
Section 9 in The Companies Act, 1956 [Entire Act]
M/S Embassy Property Developments Pvt. ... vs The State Of Karnataka on 3 December, 2019
Company Appeal (AT) (Insolvency) No. 78 of 2021
Page 5 of 10
She has also referred to the judgment of Hon'ble Supreme Court in
the case of Embassy Property Developments Private Limited Vs.
State of Karnataka and Others, [(2020) 13 SCC 308] to contend
that once disconnection of the electricity connection took place on
12.09.2016, almost three years before the initiation of CIRP of the
corporate debtor, leading to 'deemed termination' of the electricity
connection, jurisdiction was not available under IBC to give direction
for fresh connection in the resolution plan.