Whether to allow a party to file EOI after due date is a commercial decision of CoC? & whether the CoC can review its own decision at any point of time in contravention of CIRP Regulation 36A(6) – Dwarkadhish Sakhar Karkhana Ltd. Vs. Pankaj Joshi, RP of KGS Sugar & Infra Corporation Ltd. – NCLAT New Delhi

Adjudicating Authority allowed the Application of a Resolution Applicant, whereby the decision of CoC accepting the EOI of another Resolution Applicant after due date, was set aside and deprecated the conduct of Resolution Professional (RP). NCLAT held that as per sub-section 30 of the IBC, when the CoC approved a Resolution Plan by a vote of not less than 66 % of voting share of the Financial Creditors after considering its feasibility and viability, such decision of CoC is a commercial decision. Thus, the decision taken by the CoC to allow after due date to file EOI is not a commercial decision.

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