Adjudicating Authority cannot substitute its views with the commercial wisdom of the CoC in rejecting the Resolution Plan since nil amount has been allocated to Operational Creditors – Yogeshwar Garg and Ors. v. Mandeep Gujral RP Jaycon Infrastructure Ltd. and Anr. – NCLAT New Delhi

CoC in its commercial wisdom has decided not to allocate any amount to the other creditors while following the water fall mechanism as contained in Section 53 of the IBC. The Appellants have failed to point out any material irregularity or contravention of any provision of law by the CoC in approving the plan. That being the case, the Adjudicating Authority with the limited powers of judicial review available to it, cannot substitute its views with the commercial wisdom of the CoC in rejecting the resolution plan unless it is found to be contrary to the express provisions of law or there is sufficient basis which establishes material irregularity.

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