2018 (10) TMI 1952 - Tri - Insolvency and Bankruptcy

Approval of Resolution Plan for Corporate Debtor - section 31of I B Code - HELD THAT - Section 31 of I B Code requires that the Adjudicating Authority to approve the plan as approved by the CoC upon being satisfied that the plan meets all the requirements as referred to in sub-section (2) of section 30 of I B code. Sub-section (2) of section 30 of I B Code mandates that the resolution plan must provide (a) insolvency resolution process costs; (b) repayment of the debts of operational creditors subject to provision of section 53 of I B Code; (c) provides the mechanism of the management of the affairs of the corporate debtor after the approval of the resolution plan; (d) provide mechanism of implementation and supervision of the resolution plan. The Authority has also to be satisfied with the fact that the plan does not contravene any provisions of law and it is in conformity with all the requirements of law. In Part-A of the Resolution Plan it is found that the provision is made for payment of insolvency resolution process costs. It appears to be somewhat at higher side because provision of amount of Rs.12.20 crores is made to incur resolution costs which includes fees of resolution professional amounting to Rs.6.33 crores (page 29). However since it is approved by the CoC and this authority has no reason to doubt wisdom of CoC it is held that the provisions of section 30(2)(a) of I B Code is complied with. The plan also provides that repayment of debts of operational creditor - the provisions of section 30(2)(b) and 30(2)(c) of I B Code are complied with. One Mr. Nitesh Kumar sworn an affidavit on behalf of the resolution applicant stating that the resolution applicant Consortium of United Tradeco FZC and QVC Exports Pvt. Limited does not suffer from any disqualification as stated under section 29A of the I B Code. The plan does not contravene any provisions of law and the same is in conformity with the provisions of I B code. Resolution Professional has produced the certificate under Regulation 39(4) of the I B Code in Form H stating that the plan is in conformity with all legal requirements. The Resolution Plan submitted for approval of this Authority complies with all the requirements stated under section 30(2) of the I B code - Resolution Plan for Corporate Debtor is approved - application allowed.

Summary

Issues involved:
Corporate Insolvency Resolution Process under section 7 of the Insolvency & Bankruptcy Code, 2016; Approval of Resolution Plan under section 31 of the Insolvency & Bankruptcy Code, 2016.

Corporate Insolvency Resolution Process:
The Financial Creditor initiated the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor due to unpaid debt. The Adjudicating Authority admitted the CIRP, appointed an Interim Resolution Professional (IRP), and formed the Committee of Creditors (CoC). The CoC confirmed the IRP as Resolution Professional (RP) with 100% voting share. The RP invited resolution plans, received three eligible plans, and extended the CIRP period for 90 days upon CoC's instruction. The CoC approved a resolution plan by a consortium with 95.86% voting share.

Approval of Resolution Plan:
The Adjudicating Authority reviewed the Resolution Plan for compliance with the Insolvency & Bankruptcy Code provisions. The plan addressed insolvency resolution process costs, repayment of operational debts, management of the Corporate Debtor, and plan implementation. The Authority verified that the plan did not contravene any laws and complied with all legal requirements. The Resolution Professional confirmed the plan's conformity with legal provisions. Consequently, the Authority approved the resolution plan submitted by the consortium under section 31(1) of the Insolvency & Bankruptcy Code, 2016. The approved plan became binding on the Corporate Debtor and stakeholders, leading to the revival of the company.

Conclusion:
The Resolution Plan by the consortium was approved, marking the end of the moratorium period under Section 14. The Resolution Professional was commended for facilitating the approval of the plan. The order directed the transfer of all related records to the Insolvency and Bankruptcy Board of India. The case was disposed of, and copies of the order were to be served to all concerned parties.