Kalyani Transco vs. M/S Bhushan Power and Steel Limited and Others [2025 INSC 1165]
A challenge cannot be raised against the decision making of the CoC unless the grounds for challenge as given in IBC are satisfiedÂ
RELEVANT PARAGRAPH
179. It can thus be seen that this Court has held
that the legislature purposefully did not include a means to challenge the
commercial wisdom exercised by the CoC. This makes a challenge to the same non
– justiciable. It has been further held that a challenge cannot be raised
against the decision making of the CoC unless and until the grounds for
challenge as given in the Code are satisfied. Any interference in the paramount
objective of the CoC of exercising its commercial wisdom would amount to the
Court rewriting the law and going against the very objectives of the IBC.
180. We are therefore of the opinion that in the
present matter as well, the CoC exercised its commercial wisdom while approving
the Resolution Plan whereby the Appellant – Jaldhi was classified as a
contingent creditor and such a decision is deemed to be non – justiciable by
this Court in view of K. Sashidhar (supra) which has been subsequently followed
in a catena of judgments. The NCLT, and the NCLAT have also approved the
Resolution Plan, and in light of the settled principle of law, we find no
question of law being raised by the Appellant – Jaldhi and therefore, the
appeal filed by it is liable to be dismissed.
