VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 7 No. II (2024)pp. 3759–3768

Evolving Landscape of Commercial Wisdom: Analysing Judicial Interpretations in IBC Cases

View PDF
967views495downloads
Published 4 May 2024 · pp. 3759–3768 · Vol. 7 No. II (2024)
Abstract

The evolving commercial wisdom within the context of the Insolvency and Bankruptcy Code (IBC) has been the subject of much attention. This article examines judicial interpretations surrounding the Committee of Creditors (CoC) and their exercise of commercial wisdom during insolvency proceedings. Analyzing key legal precedents, we explore the delicate balance between creditor interests, business viability, and judicial review. The recent Supreme Court ruling in MK Rajagopalan v Dr Periasamy Palani Gounder has implications for the CoC's decision-making authority. We also recommend the implementation of a Code of Conduct to govern CoC actions. The concept of commercial wisdom must be scrutinized prudently to strike the right balance between liquidation and reorganization .

Keywords
Evolving LandscapeCommercial WisdomInsolvency and Bankruptcy Code (IBC)Committee of Creditors (CoC)Judicial InterpretationsDecision-Making AuthorityCode of ConductBusiness ViabilityLiquidationReorganization

How to cite

Abhijeet Mishra & Dr Ekta Gupta, Evolving Landscape of Commercial Wisdom: Analysing Judicial Interpretations in IBC Cases, 7 Int'l J. L. Mgmt. & Human. 3759 (2024).

Cite this article

Abhijeet Mishra & Dr Ekta Gupta, Evolving Landscape of Commercial Wisdom: Analysing Judicial Interpretations in IBC Cases, 7 Int'l J. L. Mgmt. & Human. 3759 (2024).
Chat with us