The Question of Entitlement of Dissenting Creditors under IBC

Abstract

This paper examines the position and entitlement of the Dissenting Financial Creditors under the Insolvency and Bankruptcy Code, 2016. It also reviews the Judgements of the Hon'ble Supreme Court of India in Jaypee Kensington Boulevard Apartments Welfare Association and Ors. v. NBCC (India)Ltd & Ors and India Insurgence ARC P Ltd v Amit Metaliks Ltd in which the Supreme Court had discussed as to the entitlements of such creditors during the Resolution Process. Under this paper an effort has been made to identify the rights envisaged under the Scheme of the IBC which can be claimed by the dissenting creditors.