Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Resolution Professional Can't Exclude Voting Share Of Members Who Abstain From Voting When Calculating Requisite Majority: NCLT Mumbai
NCLT Mumbai held that Resolution Professionals cannot exclude non-voting members' shares when calculating voting percentages under IBC. The decision ensures all financial creditors are accounted for in decision-making, preventing artificial manipulation of approval thresholds. This interpretation promotes transparency in the resolution process and protects minority creditors' interests while maintaining the code's collective decision-making framework.