CP(IB)-2995/MB/2019-NCLT

There is no concept of dissenting homebuyers within Creditors in class – Mrs. Taruna Suhas Saraph Vs. Mr. Dyaneshwar Chaudhari (Suspended Director) – NCLT Mumbai Bench

NCLT Mumbai Bench held that Home Buyers can vote for or against the Plan only as a class and if there are some Home Buyers pitted against the Resolution Plan, who are otherwise in minority, they have absolutely no locus to oppose the Plan in the capacity of dissatisfied or dissenting Home Buyers. It is also abundantly clear that such dissenting minority segment within the class of Home Buyers cannot arrogate themselves to be dissenting Financial Creditors.

There is no concept of dissenting homebuyers within Creditors in class – Mrs. Taruna Suhas Saraph Vs. Mr. Dyaneshwar Chaudhari (Suspended Director) – NCLT Mumbai Bench Read Post »

Once the majority of CoC decide on one of Resolution Plan, the decision of the CoC attains finality, Unsuccessful Resolution Applicant has no locus to challenge the commercial decision of the CoC – G. S. Constructions Vs. Mr. Gajesh Labhchand Jain – NCLT Mumbai Bench

NCLT Mumbai Bench held that:
(i) Once the majority of CoC decide on one of the Resolution Plan, the decision of the CoC attains finality.
(ii) Since the CoC comprising of SIDBI and the home buyers approved the Resolution Plan presented by Mrs. Asha Sanap, the Unsuccessful Resolution Applicant has no locus to challenge the commercial decision of the CoC.
(iii) The Applicant who himself was Prospective Resolution Applicant had submitted its Resolution Plan. At no stage, the Applicant challenged the constitution of the CoC. The Applicant is seeking relief to set aside and quash the CoC only after his plan not approved with the requisite voting of the CoC.

Once the majority of CoC decide on one of Resolution Plan, the decision of the CoC attains finality, Unsuccessful Resolution Applicant has no locus to challenge the commercial decision of the CoC – G. S. Constructions Vs. Mr. Gajesh Labhchand Jain – NCLT Mumbai Bench Read Post »

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