IBCArticle·29 August 2026
CoC Commercial Wisdom Prevails on Liquidation Decision
By J the App
Executive Summary
Bymedo Healthcare was admitted into CIRP in July 2025. At its 13th meeting, the CoC approved liquidation with 80.86% voting share and authorised the RP to approach NCLT.
NCLT held that Section 33(2) requires liquidation once the CoC has approved it with the requisite majority and the statutory conditions are satisfied.
Relying on the Supreme Court's principle in K. Sashidhar, the Tribunal declined to interfere with the CoC's commercial wisdom and ordered liquidation.
Domain | Regulatory | IBC
The Position
Once the CoC v...
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