The word “may” used in Section 30(4) of IBC is directory and not mandatory and it is only an enabling provision and does not impose any mandate on the CoC to distribute payments to creditors based on the value of security held by them – Canara Bank Vs. Sri. Nitin Vishwanath Panchal RP of M/s. Galada Power and Telecommunication Ltd. – NCLT Hyderabad Bench

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The existence of a valid arbitration agreement under Section 7 of the Arbitration Act is sine­qua-­non for a court to exercise its powers to appoint an arbitrator/arbitral tribunal under Section 11 of the Arbitration Act – Babanrao Rajaram Pund Vs.  M/s. Samarth Builders & Developers & Anr. – Supreme Court

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There is no inherent jurisdiction with the Presiding Officer, DRT in SARFAESAI proceedings to issue direction for restructuring of the loan or to reduce the rate of interest from the contractual rate per the loan agreement – Union Bank of India Vs. Parasram Phatey – DRAT Allahabad Bench

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