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Insolvency ruling: CoC cannot alter approved resolution plan or reallocate dissenting creditors’ funds, says NCLAT – The Times of India

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Insolvency ruling: CoC cannot alter approved resolution plan or reallocate dissenting creditors’ funds, says NCLAT – The Times of India


The insolvency appellate tribunal NCLAT has ruled that the Committee of Creditors (CoC) cannot modify an approved resolution plan to reallocate funds meant for dissenting financial creditors, reaffirming limits on the exercise of commercial wisdom after a plan has been cleared, PTI reported.Dismissing an appeal filed by Bank of Baroda in the insolvency proceedings of Reliance Communications Infrastructure Ltd (RCIL), a two-member bench of the National Company Law Appellate Tribunal said that once a resolution plan is approved, the assenting members of the CoC cannot alter its financial distribution framework.“It is true that the CoC with commercial wisdom can take a decision regarding different aspects of the plan, including manner of distribution, but once the commercial wisdom has been exercised by approving the resolution plan in meeting, the modification of the said distribution mechanism, which is impermissible, cannot be saved in the name of commercial wisdom of the CoC,” NCLAT said in its order.The appeal arose from the insolvency resolution of RCIL, where the National Company Law Tribunal (NCLT) had approved the resolution plan submitted by Reliance Projects & Property Management Services Ltd (RPPMSL), a subsidiary of Jio. The plan was approved by 67.97 per cent of the CoC by vote share on August 5, 2021.While Bank of Baroda voted in favour of the plan, lenders including IDBI Bank and State Bank of India dissented. The plan was subsequently placed before the Mumbai bench of the NCLT for approval.Bank of Baroda later approached the NCLT seeking directions to convene a CoC meeting to consider reallocation of proceeds under the approved resolution plan, particularly in relation to a loan to Reliance Bhutan. Acting on this, the NCLT on October 17, 2023 directed the resolution professional to convene a CoC meeting.At the meeting held on October 27, 2023, a resolution proposing reallocation and reassignment of the Reliance Bhutan loan was passed with a 67.55 per cent majority, though IDBI Bank and SBI objected to the move.On December 19, the NCLT approved the resolution plan as originally proposed by RPPMSL. IDBI Bank subsequently challenged the October 27, 2023 CoC decision, arguing that the reallocation of proceeds violated the approved resolution plan.The NCLT held that the CoC could not alter the financial layout relating to the entitlement of financial creditors once the resolution plan had been approved. It also noted that the Reliance Bhutan loan, which was to be assigned to assenting financial creditors under the plan, could not be reassigned to dissenting lenders through a subsequent CoC decision.In its October 10, 2025 order, the NCLT ruled that the approved resolution plan could not be modified in this manner. Bank of Baroda challenged this decision before the NCLAT.Upholding the NCLT’s view, the appellate tribunal said, “The Adjudicating Authority in the impugned order after considering all relevant clauses has rightly come to the conclusion that the decision of the CoC dated 27.10.2023 is contrary to the approved resolution plan and cannot bind the dissenting financial creditors.”“We are in full agreement with the view taken by the adjudicating authority as noted above. The adjudicating authority did not commit any error in allowing the plea filed by the IDBI Bank. We do not find any good ground to interfere with the decision of the adjudicating authority,” NCLAT added, dismissing the appeal.



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How a pivot to hair accessories led to business success

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How a pivot to hair accessories led to business success



Jenny Lennick’s colourful hair clips are sold across the US and around the world.



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Lululemon names former Nike exec Heidi O’Neill as new CEO

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Lululemon names former Nike exec Heidi O’Neill as new CEO


Lululemon store sign in London, March 2, 2026.

Peter Dazeley | Getty Images

Lululemon on Wednesday named Heidi O’Neill as the athleisure company’s new CEO, effective Sept. 8.

The news comes after the company has seen more than a year of disappointing performance and is embroiled in a dramatic proxy battle, with founder Chip Wilson criticizing the business.

Shares of the company sank more than 5% in extended trading.

O’Neill has held multiple roles at Nike, contributing to the sportswear behemoth’s growth. She also held positions at Levi Strauss, Hyatt Hotels and Spotify.

“Heidi is an inspiring leader and proven, consumer-driven brand strategist, with a rare ability to both imagine a new future for a brand and to create the structure and processes to deliver on that vision,” said Marti Morfitt, Lululemon’s executive chair of the board of directors, in a statement. “We selected Heidi because of the breadth of her experience, her demonstrated success delivering breakthrough ideas and initiatives at scale, and her ability to be a knowledgeable change and growth agent.”

O’Neill said in a statement that she plans to focus on building off of the company’s core foundation and unlock growth in global markets. O’Neill will start with a base salary of $1.4 million, according to an 8-K filing.

“I am humbled by the opportunity and energized by what the team is already building,” she said in her statement. “I look forward to joining the company and helping to define and deliver the organization’s next chapter of success.”

Lululemon has been struggling with weak sales and increased competition, as well as mounting costs from tariffs. In its last earnings report, the retailer said it expects tariffs to cost the company $380 million this year.

Wilson, Lululemon’s largest shareholder, has also been placing increased public pressure on the company to make changes to its board of directors. He did not immediately respond to a request to comment on the appointment.

In a statement, GlobalData managing director Neil Saunders said O’Neill has “a very strong pedigree in the activewear and sporting space” and “has an intimate knowledge of how the industry works.”

“There will be some, mostly activist investors, who see O’Neill as something of a safe and traditional choice,” Saunders said. “This argument is partly valid as a lot of cultural change is needed at Lululemon in order to improve performance. However, in our view, O’Neill is her own person who will come with an agenda of change.”

While at Nike, O’Neill played a key role in the company’s doomed direct-to-consumer sales strategy, where the brand pivoted away from wholesale partners in favor of its own website and stores under former CEO John Donahoe. When current CEO Elliott Hill took over as Nike’s next chief executive, he made it a priority to walk back the direct-selling plan.

Prior to leaving Nike, O’Neill also oversaw product and innovation at a time when the brand faced criticism for falling behind on new products and focusing too heavily on the same legacy lifestyle franchises, Dunks, Air Force Ones and Air Jordans. While the franchises briefly led to a surge in sales, fueling Nike’s growth to a $50 billion-plus brand, they ultimately became ubiquitous in the market and viewed as uncool by some consumers.

Now, Hill is still working on unwinding that strategy and clearing inventory from those franchises from the marketplace, which has hit Nike’s margins and led to a decline in sales online.

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Southwest Airlines forecasts quarterly earnings below estimates on higher fuel

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Southwest Airlines forecasts quarterly earnings below estimates on higher fuel


A Southwest Airlines Boeing 737 airplane lands at Los Angeles International Airport after arriving from Chicago on March 7, 2026 in Los Angeles, California.

Kevin Carter | Getty Images

Southwest Airlines forecast second-quarter earnings below analyst estimates, citing higher fuel prices, while holding off on updating its full-year 2026 forecast.

Southwest expects to earn between 35 cents and 65 cents a share in the current quarter, while analysts polled by LSEG expected 55 cents a share.

The airline in January forecast earnings per share of $4 this year, saying that it expected its new initiatives would pay off. Southwest has sought to increase revenue with checked bag fees and seat assignment fees.

“Achieving this outcome would require lower fuel prices and/or stronger revenue performance to offset higher fuel expense. The Company expects to provide updates to this guidance as appropriate,” Southwest said in an earnings release Wednesday.

Airlines have been either cutting their full-year forecasts or holding off on further forecasts because of volatile prices for jet fuel, generally their biggest expense after labor. They are also pulling back on their capacity growth plans to cut costs, which can drive up airfare when fewer seats are for sale.

Southwest said it expects its capacity to be flat to up no more than 1% in the second quarter, and unit revenues to rise by 16.5% to as much as 18.5% over last year.

“Demand continues to be strong, and we remain focused on controlling what we can control by managing costs, optimizing revenue initiatives, and directing capacity toward higher‑return opportunities,” CEO Bob Jordan said in the earnings release.

Here’s what the company reported for first quarter compared with Wall Street expectations, according to consensus estimates from LSEG:

  • Earnings per share: 45 cents vs. 47 cents cents expected
  • Revenue: $7.25 billion vs. $7.27 billion expected

Southwest swung to a profit of $227 million, or 45 cents a share in the first quarter, compared with a $149 million loss, or a loss of 26 cents per share, a year earlier.

Revenue rose nearly 13% to $7.25 billion compared with $6.43 billion in the year-earlier period.

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