In Committee of Creditors of Essar Steel India Ltd v Satish Kumar Gupta (2019), which of the following…
Essar Steel (2019) held that "the Adjudicating Authority cannot interfere on merits with the commercial decision taken by the Committee of Creditors" and that equitable…
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In Committee of Creditors of Essar Steel India Ltd v Satish Kumar Gupta (2019), which of the following did the Supreme Court hold?
Answer and explanation
Correct answer A
Essar Steel (2019) held that "the Adjudicating Authority cannot interfere on merits with the commercial decision taken by the Committee of Creditors" and that equitable treatment depends on the class to which a creditor belongs, since "the equality principle cannot be stretched to treating unequals equally". It set aside the NCLAT's direction to treat all creditors alike. The Court also said a successful resolution applicant cannot be faced with undecided claims after the plan is accepted.
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