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ARTICLE · 25 OCTOBER 2018

The Saga Of Unending Resolution Process Under IBC Part – II

This is a case study on the Resolution process of ESSAR STEEL under IBC. The Part - II deals with the guidelines and laid down ratio by the Supreme Court.

IndiaLitigation, Mediation & Arbitration

CASE STUDY ON ESSAR STEEL – A NEVER ENDING LITIGATION

PART- II

The NCLT Ahmedabad Bench vide its order dated 19.04.2018, in the IAs filed by Arcelor Mittal & Numetal, remanded the matter back to the COC for their reconsideration.

This order was challenged by way of Appeals by both Numetal and AMIPL, respectively, before the Appellate Authority i.e. the NCLAT.

However, before these appeals could be decided, the COC, in compliance with the order of the NCLT, disqualified both AMIPL & Numetal on 08.05.2018

On appeals, NCLAT passed an order and held that Numetal is Eligible while declaring AMIPL to be ineligible under Section 29A. However, 2 days time was granted to AMIPL for removing the ineligibility under Section 29A of the code.

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Disclaimer: The information contained in this document is intended for informational purposes only and does not constitute legal opinion, advice or any advertisement. This document is not intended to address the circumstances of any particular individual or corporate body. Readers should not act on the information provided herein without appropriate professional advice after a thorough examination of the facts and circumstances of a particular situation. There can be no assurance that the judicial/quasi-judicial authorities may not take a position contrary to the views mentioned herein.

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