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2018 (4) TMI 1809 - Tri - Insolvency and BankruptcyExtension of time period for CIRP - Section 12(2) of I B Code - HELD THAT - In the instant case two of the promoter-directors of the suspended Board of Directors of the corporate debtor have challenged the vires of amendment made in the Code debarring the promoter-directors from submitting the resolution plan and the Hon'ble High Court has directed the Tribunal not to pass final order in the matter. After the expiry of maximum period permitted for resolution plan, if no resolution plan is submitted for approval the only consequence is to pass the liquidation order. If there is a stay order passed by the Hon'ble High Court on 21.12.2017 a question may also arise whether the period during which the stay continues to operate can be excluded from the period of 270 permitted days. That issue may, however, arise in case where application is filed for approval of resolution plan or in case where the liquidation order of the corporate debtor is to be passed. The application filed by the Resolution Professional is accepted and it is directed that he shall continue with the resolution process till further orders of this Tribunal.
Issues Involved:
1. Extension of time for completion of the resolution process under Section 12(2) of the Insolvency & Bankruptcy Code, 2016. 2. Challenge to the resolution plan by the promoter-director in the High Court. 3. Allegations against the Resolution Professional for prejudicial conduct. 4. Stay granted by the High Court on passing the final order. 5. Continuation of resolution process beyond the maximum permissible period. 6. Validity of objections raised by the objector against the Resolution Professional. Analysis: 1. Extension of Time for Resolution Process: The Tribunal admitted the application filed by the Financial Creditor under Section 7 of the Code and appointed an Interim Resolution Professional (IRP) who was later confirmed as Resolution Professional (RP) by the Committee of Creditors. The RP sought an extension of time under Section 12(2) of the Code, which was granted for another 90 days beyond the initial 180-day period. The RP then filed an application for further extension under Section 60(5) of the Code, citing the need to examine resolution plans that did not meet requirements and were being reviewed by the Committee of Creditors. 2. High Court Challenge to Resolution Plan: One of the promoters filed a petition in the High Court challenging the exclusion of directors/promoters from submitting resolution plans. The High Court issued a stay on passing the final order, directing the Tribunal not to proceed. The objector, another promoter, opposed the RP's application, alleging misconduct and misuse of powers. The objector also raised concerns about the RP's handling of company affairs, pending legal proceedings, and alleged violations of the Code. 3. Stay Granted by High Court: The Tribunal considered the stay granted by the High Court and the objections raised by the objector. The objector contended that the RP's continuation beyond the permissible period of 270 days was untenable, as the resolution process becomes ineffective after this period. However, the Tribunal noted that keeping the resolution process in abeyance would not be appropriate, especially considering the corporate debtor's status as a going concern. 4. Validity of Objections: The objector's objections regarding the RP's conduct and the resolution process were deemed without merit by the Tribunal. It was observed that the objector, who had challenged the Code's amendment in the High Court, could not object to the resolution process continuing, as it might contradict the High Court's directions. Therefore, the Tribunal accepted the RP's application and directed the RP to continue with the resolution process until further orders. In conclusion, the Tribunal upheld the RP's application for extension of time and dismissed the objections raised by the objector, allowing the RP to continue managing the resolution process in the best interest of the corporate debtor.
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