Role of Adjudicating Authority in Approving/Rejecting Insolvency Resolution Plans with Global Practices
Volume III, Issue III, 2020
The research paper basically highlights the role of adjudicating authorities in Approving/rejecting the insolvency resolution plans while balancing the interest of stakeholders and this has been discussed in length through a series of landmark cases of India and abroad respectively. The paper explains about the role of Indian adjudicating authorities in balancing the interest of stakeholders and what can be adopted from the practices of adjudicating authorities in the US, U.K and Singapore respectively. Apart from this the primary focal point of the paper is to emphasize the role that Adjudicating Authority play before approving the resolution plan and that it must take into consideration the principles of fair and equitable interest and that there should be no unfair discrimination against a particular class of creditors and the objecting creditor must be given a chance to be heard by the Adjudicating Authority.