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IBC - Highlights / Catch Notes

Home Highlights December 2023 Year 2023 This

Regulation 36B (4F) only contemplate one contingency that where ...


Performance Security Forfeiture Upheld; Applicant Bound by Uncontested RFRP Terms and CoC Decision Confirmed.

December 27, 2023

Case Laws     Insolvency and Bankruptcy     AT

Regulation 36B (4F) only contemplate one contingency that where performance security shall stand forfeited but the said provision does not exclude forfeiture of performance security in other conditions as contemplated in RFRP. We, thus, are of the view that the decision of the CoC for forfeiting the performance security is in accordance with RFRP. It is to be noted that at no point of time, any provision of the RFRP was challenged and Resolution Applicant has undertaken to abide by all terms and conditions of the RFRP. - AT

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