Photo of Arunima Phadke

Associate with the Dispute Resolution Practice at the Mumbai office of Cyril Amarchand Mangaldas. Arunima has experience of working in civil, commercial, and white-collar disputes. She can be reached at arunima.phadke@cyrilshroff.com.

 

The Paradox of Security Interest for Dissenting Secured Creditors: Has the Paridhi Finvest Judgement settled the issue?

Introduction

The jurisprudence on the basis for pay-outs to dissenting secured financial creditors (“Secured DFCs”), under an approved resolution plan, has been in the flux for a while now. The issue remains pending before a larger bench of the Hon’ble Supreme Court, pursuant to reference made by a coordinate bench, vide an order