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OthersArticle·26 August 2026

NCLT says a suspended director can challenge only at the appropriate time

By J the App

Executive Summary

Santosh Shetty, a suspended director and personal guarantor, challenged the CIRP after the CoC had approved a resolution plan with 100% voting share. 

NCLAT accepted that he had standing to appeal, but held that he had not participated meaningfully in the CIRP, had not submitted a resolution plan and had approached the Tribunal only at the final stage. 

The Tribunal declined to reopen the valuation or substitute its view for the CoC's commercial wisdom

Domain | Regulatory | Insolvency | CIRP | Resolution Plan | Commercial Wisdom of CoC 

The Position

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