Allocation made to the Operational Creditor under the Resolution Plan is the matter of commercial wisdom of the CoC – Devsaria Iron and Steel Company Pvt. Ltd. Vs. RP of Perfect Boring Pvt. Ltd. – NCLAT New Delhi
NCLAT holds that the order impugned is the order by which Resolution Plan has been approved. The allocation made to the Operational Creditor under the Resolution Plan is the matter of commercial wisdom of the CoC and CoC having approved the Resolution Plan with 96.37% vote share, we see no reason to take any other view. In exercise of our jurisdiction under Section 61, the amount allocated to the Operational Creditor could not be changed