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IBC - Highlights / Catch Notes

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Approval of resolution plan with modification - Power of NCLT to ...


NCLT Lacks Power to Alter Resolution Plans Under IBC Section 31; Can Only Approve or Reject Proposals.

December 17, 2022

Case Laws     Insolvency and Bankruptcy     AT

Approval of resolution plan with modification - Power of NCLT to modify the plan - Section 31 of the IBC - It is clear that mandate of legislation is either to approve the resolution plan or to reject. However, there is no provision for making alteration or modification in the resolution plan. - the learned Adjudicating Authority to some extent exceeded its jurisdiction in modifying/altering the conditions in the resolution plan - AT

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