India: A Confident Class Of Operational Creditor In The COC Is The Need Of The Hour For The Growth Of The Economy

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The Insolvency & Bankruptcy Code, 2016 (‘IBC/Code’) has been introduced into the legal system to shift and anchor the creditor-oriented regime rather than the customary practice of debtor-oriented regime. A Company works not just on capital or funds but involves a large chunk of goods and services in running a successful Company they all are considered to be the stakeholders of the Company. Under the Code, resolution is a process which aims to revive a sick Corporate Entity. While reviving a Corporate Debtor, the main focus is not only towards the maximization of value of assets of the Corporate Debtor but also ensuring that the interest of all the stakeholders is balanced. Maintaining the interest of all the stakeholders is an essential aim of the Code. However, today, in all the practical scenarios the interest of stakeholders remains highly unbalanced especially when a comparison is drawn between the Operational Creditors and Financial Creditors.

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