2022 (9) TMI 16 - Tri - Insolvency and Bankruptcy

Seeking approval of the Resolution Plan - Section 30(6) read with Section 31 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 - In view of Section 31 of the Code, the Adjudicating Authority, before approving the Resolution Plan, is required to examine that a Resolution Plan which is approved by the CoC under Section 30(4) of the Code meets the requirements as referred under Section 30(2) of the Code. From the averments made in the Application as well as in Form-H as filed by the Resolution Professional in relation to the procedural aspects, the same seems to have been duly complied with for which the applicant has issued a certificate and it is not necessary for this Tribunal to go into the same. However, this Tribunal is duty bound to examine the Resolution Plan vis- -vis with the mandatory compliance under the Code and the compliance made under is captured hereunder - all the requirements of Section 30(2) are fulfilled. In respect of compliances regarding CIRP Regulations especially Regulations 38 and 39, the Resolution Professional has certified in Form-H and explained in details that the Resolution Plan has complied with all the required Regulations. The Resolution Plan fulfils the requirement as referred in Section 30(2) of the Code and there are sufficient provisions in the Plan for its effective implementation as required under the proviso of Section 31 (1) of the Code. The Resolution Plan has been unanimously approved by CoC - there is no impediment in giving approval to the Resolution Plan. The Resolution Plan is approved - application allowed.

Issues:
1. Approval of the Resolution Plan under Section 30(6) read with Section 31 of the Insolvency & Bankruptcy Code, 2016.
2. Compliance with the requirements of Section 30(2) of the Code.
3. Examination of the Resolution Plan vis-Ã -vis mandatory compliance under the Code.
4. Approval of the Resolution Plan by the Adjudicating Authority.
5. Compliance with Regulations 38 and 39 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016.
6. Impact of the Resolution Plan on stakeholders including Financial Creditors and Operational Creditors.
7. Application of the judgment in Committee of Creditors of Essar Steel India Limited vs. Satish Kumar Gupta & Ors.

Detailed Analysis:
1. The application was filed seeking approval of the Resolution Plan under relevant sections of the Insolvency & Bankruptcy Code, 2016 and Regulations. The Corporate Insolvency Resolution Process (CIRP) was initiated, and subsequent meetings of the Committee of Creditors (CoC) were held to discuss the Resolution Plan submitted by the sole Resolution Applicant.

2. The Adjudicating Authority was required to ensure that the Resolution Plan met the requirements specified under Section 30(2) of the Code. The Resolution Plan needed to address various aspects such as payment priorities, management of the Corporate Debtor, implementation, and compliance with laws.

3. The Tribunal examined the Resolution Plan's compliance with Section 30(2) of the Code, including provisions for payment of insolvency resolution process costs, debts of creditors, management of affairs, and adherence to legal requirements. The Resolution Applicant submitted declarations affirming compliance with these provisions.

4. The Tribunal found that the Resolution Plan fulfilled the requirements of Section 30(2) and had sufficient provisions for effective implementation. The Resolution Plan had been unanimously approved by the CoC, and the Tribunal referred to a relevant Supreme Court judgment to support its decision.

5. The Resolution Plan was approved by the Tribunal, considering the commercial wisdom of the CoC in approving the best plan. Directions were issued regarding adherence to applicable laws, cessation of the moratorium order, transfer of records to IBBI, and the effective date of the approved plan.

6. The judgment emphasized the importance of compliance with legal provisions, stakeholder interests, and the CoC's role in approving Resolution Plans. The Resolution Plan was deemed acceptable, and the Tribunal granted approval based on the CoC's decision and compliance with the Code's requirements.

Conclusion:
The Tribunal approved the Resolution Plan after thorough examination of its compliance with the Code's provisions, stakeholder interests, and legal requirements. The Resolution Plan was found to meet the necessary criteria and was unanimously approved by the CoC, leading to the Tribunal's decision to grant approval and issue relevant directions for implementation.

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