US EditionIndia – Treatment Of Recoveries From Avoidance Transactions Under The Resolution Plan.
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India – Treatment Of Recoveries From Avoidance Transactions Under The Resolution Plan.
Introduction In a landmark decision[i] rendered on April 1, 2025, the Hon’ble Supreme Court held (“Supreme Court”)that the Hon’ble National Company Law Appellate Tribunal (“NCLAT”) transgressed its jurisdiction by interfering with the resolution plan clause pertaining to the treatment of recoveries from fraudulent and wrongful trading applications filed under Section 66 of the Insolvency and Bankruptcy Code, 2016 (“Code”) . Brief Background O…
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