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IBC - Highlights / Catch Notes

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Suspension of initiation of Corporate Insolvency Resolution ...


Section 10A IBC: Concerns Over CIRP Suspension and OTS Failures Impacting Asset Value Maximization.

June 13, 2022

Case Laws     Insolvency and Bankruptcy     AT

Suspension of initiation of Corporate Insolvency Resolution Process - time limitation - Section 10A of the IBC, 2016 - OTS is a mechanism available with the banks for years together to allow survival of Debtors and maintain cash flow for banks. However, repeated failure reflects either the intention of the Corporate Debtor/Appellant is not fair as in every OTS the settlement amount is going down and thereby reflecting that delay in CIRP will make the organization weaker and the object of the code for maximization of the value of assets of such persons shall not happen. - AT

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