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IBC represents legislative choice to privilege speed over exhaustive judicial scrutiny: SC

Share FacebookTwitterWhatsAppPinterestLinkedinCopy URLTelegramEmailTumblrReddItPrintKoo NEW DELHI, Feb 27 : The Supreme Court on Friday said the Insolvency and Bankruptcy Code (IBC), 2016, represents a conscious legislative choice to privilege speed, certainty and creditor-driven decision-making over “exhaustive” judicial scrutiny. The court said experience shows that unsuccessful bidders would always try to “spin” commercial decisions of the Committee of Creditors (CoC) as procedurally-faulty in order to secure a second shot through litigation by filing applications or making representations. “However, courts need to remain vigilant against any temptation to expand the scope of review beyond the narrow boundaries prescribed by the IBC,” a bench of Justices B V Nagarathna and R Mahadevan said.

IBC represents legislative choice to privilege speed over exhaustive judicial scrutiny: SC

Credit: Dailyexcelsior

Key Highlights

  • The observations were made in a verdict delivered on appeals filed against a National Company Law Appellate Tribunal (NCLAT) order in a matter pertaining to the approval of a resolution plan submitted by a firm.
  • “Before parting, we wish to add a few words of caution.
  • The IBC represents a conscious legislative choice to privilege speed, certainty and creditor-driven decision-making over exhaustive judicial scrutiny,” the bench said.
  • It said the IBC is premised on the recognition that delay and uncertainty are value-destructive in distressed situations.
  • “When commercial decisions taken by the CoC are subjected to expansive judicial scrutiny, resolution timelines lengthen, transaction costs rise and the going-concern value of the corporate debtor erodes.
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Sources

  1. IBC represents legislative choice to privilege speed over exhaustive judicial scrutiny: SC

This quick summary is automatically generated using AI based on reports from multiple news sources. The content has not been reviewed or verified by humans. For complete details, accuracy, and context, please refer to the original published articles.

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