2022 (12) TMI 1434 - Tri - Insolvency and Bankruptcy

Approval of Resolution Plan - Section 30(6) read with Section 31(1) of the Insolvency Bankruptcy Code, 2016 read with Regulation 39(4) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 - HELD THAT - All requirements provided under Section 30(2) of Code and Regulation 36 to 39 of CIRP Regulations, 2016 have been complied with - It is also found that the Resolution Plan addresses the cause for default and contains measures to run the Corporate Debtor in future - it is also found Resolution plan is both feasible and viable as held by CoC and it also contains provision for its effective implementation. The approved Resolution Plan shall become effective from the date of passing of this order - the order of moratorium dated 01.09.2020 passed by this Adjudicating Authority under Section 14 of the Code shall cease to have effect from the date of this order. Application allowed.

Summary

Issues Involved:
1. Approval of the Resolution Plan under Section 30(6) read with Section 31(1) of the Insolvency & Bankruptcy Code, 2016.
2. Compliance with CIRP Regulations and the Code.
3. Viability and feasibility of the Resolution Plan.
4. Treatment of claims and dues, including statutory dues and claims of dissenting creditors.
5. Implementation and monitoring of the Resolution Plan.
6. Reliefs and concessions sought by the Resolution Applicant.

Detailed Analysis:

1. Approval of the Resolution Plan:
The application was filed by the Resolution Professional of the Corporate Debtor under Section 30(6) read with Section 31(1) of the Insolvency & Bankruptcy Code, 2016, for the approval of the Resolution Plan submitted by Triton Electric Vehicle LLC. The plan was approved by the Committee of Creditors (CoC) with a 99.6% voting share.

2. Compliance with CIRP Regulations and the Code:
The Resolution Professional ensured compliance with the provisions of Section 30(2) of the Code and Regulation 38 (3A) of the CIRP Regulations. The plan was found to be in line with the directives of the Hon'ble Supreme Court in the case of Rainbow Papers Ltd., particularly regarding the priority of statutory dues.

3. Viability and Feasibility of the Resolution Plan:
The CoC found the Resolution Plan to be both feasible and viable. The plan offered an amount of Rs. 210 crores, including CIRP costs, which was higher than the liquidation value of Rs. 162.59 crores. The sources of funds for making payments to various stakeholders were clearly outlined, ensuring the financial commitment of the Resolution Applicant.

4. Treatment of Claims and Dues:
The plan addressed the claims of various creditors, including financial and operational creditors, and provided for the payment of CIRP costs in priority. The plan also included provisions for the payment of statutory dues and addressed the claims of dissenting creditors. The plan stipulated that any liability arising from corporate guarantees would be payable from the upfront cash provided.

5. Implementation and Monitoring of the Resolution Plan:
The Resolution Plan included the formation of a monitoring committee to supervise its effective implementation. The plan stipulated that the management of the Corporate Debtor would be handed over to the Board of Directors nominated by the Successful Resolution Applicant.

6. Reliefs and Concessions:
The Tribunal granted several reliefs and concessions, including the extinguishment of liabilities of stakeholders prior to CIRP, the extinguishment of encumbrances on the assets of the Corporate Debtor, and the direction for the Resolution Applicant to approach concerned authorities for necessary approvals. The Tribunal also clarified that financial creditors could pursue their rights against personal and corporate guarantees independently of the approval of the Resolution Plan.

Conclusion:
The Tribunal approved the Resolution Plan submitted by Triton Electric Vehicle LLC, finding it compliant with the Code and CIRP Regulations, and feasible for the revival of the Corporate Debtor. The order of moratorium ceased, and the Resolution Professional was released from his duties. The Tribunal granted specific reliefs and concessions to facilitate the effective implementation of the Resolution Plan.