One of the objects of the Insolvency and Bankruptcy Code, 2016 is stated to be balancing the interests of all stakeholders.
This object and purpose have recently been the subject matter of judicial interpretation as well as arguments in some of the significant resolution cases undertaken under the provisions of the code. One of the questions raised in this context has been to judicially review the terms of a resolution plan to confirm whether it balances the interests of all stakeholders or not.
Executive chairman and head of insolvency and bankruptcy practice
Shardul Amarchand Mangaldas
The issue to be deliberated is whether the National Company Law Tribunal is required to review the terms of a resolution plan in reference …
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