Supreme Court dismisses appeal against NCLAT judgment dated 19.12.2023 – Mehul Parekh and Ors. Vs. Unimark Remedies Ltd. and Ors. – Supreme Court
Hon’ble Supreme Court has dismissed the appeal filed against order of NCLAT in Mehul Parekh and Ors. v. Unimark Remedies and Ors. (2023) ibclaw.in 806 NCLAT, where following questions were before the Hon’ble NCLAT:
A. Whether classification in Resolution Plan between payment to employees, is discriminatory and violative of provisions of Section 30(2) of the Code?
B. Whether the Adjudicating Authority erred in issuing directions for redetermination of the CIRP cost by the CoC?
C. Whether the direction of Adjudicating Authority to withhold the payment of CIRP cost to the Appellant, which payment was directed subject to appropriation towards amount found recoverable from such promoters/ KMPs in avoidance application, is violative of Section 30(2) of the Code and unsustainable?
D. Whether the Adjudicating Authority erred in issuing direction to CoC to pursue the avoidance application pending for adjudication before the Adjudicating Authority?