Disqualification of resolution applicant - wilful defaulter of ...

Resolution Plan Rejected Due to Willful Defaulter Status; Corporate Debtor Ordered Liquidated, Order Remains Unchallenged.

May 30, 2023

Case Laws     Insolvency and Bankruptcy     AT

Disqualification of resolution applicant - wilful defaulter of bank - Rejection of Resolution Plan submitted by the Applicant - Appellant submits that on the day when Resolution Plan submitted by the Appellant came for consideration before the CoC, there was no declaration by Union Bank of India as willful defaulter - in view of the interim order passed by the High Court, the applicant cannot be held as wilful defaulter - However, in view of the Corporate Debtor being ordered to be liquidated vide separate Order dated 20th January, 2022 which order has not been challenged, no direction can be issued for consideration of Resolution Plan submitted by the Appellant afresh. - AT

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