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IBC - Highlights / Catch Notes

Home Highlights January 2022 Year 2022 This

Delay in implementation of approved Resolution Plan - In the ...


Court Weighs Re-Initiating CIRP Amid Delay in Resolution Plan Implementation; No Liquidation Sought by Stakeholders.

January 19, 2022

Case Laws     Insolvency and Bankruptcy     AT

Delay in implementation of approved Resolution Plan - In the present case, the Approved Resolution Plan has been alleged to be contravened by the Successful Resolution Applicant and therefore an application could have been made to the Adjudicating Authority for liquidation. In the present case, no such application for liquidation has been made by the Appellants or any other stakeholder, but on the contrary the Appellants (and also the financial creditors)have sought the re-initiation of CIRP and invitation of fresh EOIs after its (CIRP’s) extension by 90 days. There is no express provision regarding re-initiation of CIRP in the IBC. - AT

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