The government of India intends to make changes to the Insolvency and Bankruptcy Code (IBC) in order to reduce the necessity of obtaining approval from the Competition Commission of India (CCI) prior to the Committee of Creditors (CoC) being able to adopt a resolution plan. This modification is a result of decisions made by the Supreme Court that have caused doubt regarding whether or not CCI clearance is required prior to CoC endorsement for plans that involve company mergers. The purpose of the modification is to simplify the process of resolving insolvency, cut down on delays, and minimize the costs associated with compliance. Through the modification of Section 31(4) of the IBC, the government intends to strike a balance between the necessity of competition oversight and the business wisdom of creditors. This will ensure that recoveries are completed more quickly and that the framework for corporate rescue is more effective.
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