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IBC - Highlights / Catch Notes

Home Highlights July 2022 Year 2022 This

Disqualification of the Successful Resolution Applicant u/s 29A ...


Resolution Applicant's Plan Approved Under IBC Section 29A; CoC Unanimously Supports, Adjudicating Authority Rejects Challenge.

July 6, 2022

Case Laws     Insolvency and Bankruptcy     AT

Disqualification of the Successful Resolution Applicant u/s 29A of the Insolvency and Bankruptcy Code, 2016 - It is found that the Resolution Applicant was eligible on 30.11.2019 when it submitted the first Resolution Plan, there are no necessity to enter into other submission raised by learned Counsel for the parties including the submission regarding applicability of the proviso to Section 29A(c). The Resolution Applicant being eligible, was entitled to submit Resolution Plan and was also entitled to revise its Plan from time to time as per the Scheme of the Code. The Plan having approved by 100% vote of CoC, there are no error in the decision of the Adjudicating Authority rejecting the application filed by the Appellant. - AT

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