Supreme Court Affirms Binding Nature of Resolution Plans Under IBC
Once CoC approves resolution plan, there can't be negotiation or withdrawal: Supreme Court

Image: Deccan Herald
The Supreme Court ruled that once a resolution plan is approved by the Committee of Creditors, the successful applicant cannot negotiate or withdraw. This decision emphasizes the irrevocable nature of such plans under the Insolvency and Bankruptcy Code, as seen in the case involving Oracle Homes Textiles Limited.
- 01The Supreme Court ruled that resolution plans approved by the Committee of Creditors are binding and irrevocable.
- 02Sanjay Dave, promoter of Oracle Homes Textiles Limited, attempted to withdraw from an approved plan, which the court deemed unacceptable.
- 03The court emphasized that allowing withdrawal could undermine the integrity of the Insolvency and Bankruptcy Code (IBC).
- 04The resolution plan for Oracle Homes was approved with a 99.90% vote, but delays by Dave led to liquidation.
- 05The court upheld the forfeiture of a ₹1 crore earnest money deposit due to non-compliance with the plan's conditions.
Advertisement
In-Article Ad
The Supreme Court of India has reinforced the binding nature of resolution plans approved by the Committee of Creditors (CoC) under the Insolvency and Bankruptcy Code (IBC). In a recent ruling, the court stated that once a resolution plan receives approval and a Letter of Intent (LoI) is issued, the successful resolution applicant (SRA) cannot negotiate further or withdraw from the plan. This decision arose from an appeal by Sanjay Dave, promoter of Oracle Homes Textiles Limited, who attempted to withdraw from a plan that had been overwhelmingly approved by the CoC. The court described Dave's actions as a 'clear subterfuge' aimed at evading the approved plan. The ruling emphasized that allowing such maneuvers would jeopardize the IBC's framework. The court also upheld the forfeiture of an earnest money deposit due to Dave's failure to comply with the plan's requirements, ultimately leading to the liquidation of the company. The judgment underscores the importance of adhering to the timelines and conditions set forth in approved resolution plans to ensure a time-bound resolution process.
Advertisement
In-Article Ad
The ruling impacts businesses undergoing insolvency proceedings, emphasizing the importance of adhering to approved resolution plans and timelines.
Advertisement
In-Article Ad
Reader Poll
Do you think the Supreme Court's ruling will strengthen the insolvency resolution process?
Connecting to poll...
More about Supreme Court of India

Supreme Court Halts Deportation of Two Women Declared Foreigners in Assam
Deccan Herald • Jun 5, 2026
Supreme Court to Review Employment Benefits for Married Daughters' Sons
The Economic Times • Jun 5, 2026
Supreme Court to Decide on Employment Rights for Married Daughters' Sons
The Times Of India • Jun 5, 2026
Read the original article
Visit the source for the complete story.




