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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