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Scope of the Report of IRP - IRP was appointed on application ...


Tribunal Dismisses Debtor's Application, Cites IRP Bias and Strategic Moratorium Exploitation Attempt.

April 15, 2024

Case Laws     Insolvency and Bankruptcy     Tri

Scope of the Report of IRP - IRP was appointed on application under Section 94(1) - After appointing an Interim Resolution Professional (IRP) and receiving a report recommending acceptance of the petition, various applications were filed by the Financial Creditor challenging the application's legitimacy. The Debtor contested these objections, asserting the validity of the IRP's report. The Tribunal scrutinized the facts and found potential bias in the IRP's conclusions, ultimately concluding that the application seemed to be a strategic move by the Debtor to benefit from the moratorium and delay recovery proceedings. As a result, the Tribunal rejected the application and accompanying report, along with dismissing other related applications.

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