IBC | Case Law Alert | Right of operational creditors / suspended board / resolution applicants to attend COC meetings
IBC | Case Law Alert | Right of operational creditors / suspended board/resolution applicants to attend COC meetings In an important ruling in the matter of ANG Industries Limited v/s Shah Brothers Ispat Private Limited & Ashok Leyland Limited, the National Company Law Appellate Tribunal (NCLAT) vide an order dated 24 May 2018 (available here), has analysed the following critical issues: (i) Whether the resolution professional is required to give notice to ‘Operational Creditors’ or their representatives to attend the meeting of Committee of Creditors (COC); and (ii) What is the legislative intent behind allowing the ‘suspended board of directors’, the ‘partners of the corporate debtor’, the ‘operational creditors or their representatives’ or the ‘resolution applicant(s)’ to attend the meeting of the COC, even though they do not have the right to vote? Observations of the NCLAT The NCLAT while relying upon the findings of Joint Parliamentary Committee and its earlier ru...
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