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IBC - Highlights / Catch Notes

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Direction to COC to consider ineligibility of 3rd Respondent ...


COC to Assess Third Respondent's Ineligibility u/s 29A; Holds Power to Approve Resolution Plans per Regulation 39(4).

January 7, 2022

Case Laws     Insolvency and Bankruptcy     AT

Direction to COC to consider ineligibility of 3rd Respondent under Section 29A of I&B Code - as per the Provisions of Law, the COC has power to take a decision with regard to approval of the Resolution Plan. Further in accordance with the Regulations, the Committee has power to evaluate the Resolution Plans received by the Resolution Professional. As per Sub Regulation 4 of Regulation 39, the COC has power to approve the plan and after approving the Plan by the Committee the Resolution Professional shall submit to the Adjudicating Authority. Therefore, this Tribunal is of the view that the COC has power to decide and approve the Resolution Plan of the Resolution Applicants. - AT

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