The NCLAT addressed the exclusion of an eighteen-month time ...

NCLAT extends plan implementation time due to ongoing litigation. Liquidation avoided as resolution plan in place.

Case Laws Insolvency and Bankruptcy

July 4, 2024

The NCLAT addressed the exclusion of an eighteen-month time period for resolution plan implementation and the extension of this period due to ongoing litigation. The Adjudicating Authority considered liquidation due to a perceived logjam and potential harm to the Financial Creditor. The Adjudicating Authority's conclusion was influenced by ongoing litigation hindering plan implementation. The court highlighted that discussions in the plan were about plan implementation, not liquidation. Section 33 of the IBC outlines grounds for liquidation, but as the resolution plan was in place and no breaches were shown, liquidation was deemed inappropriate. The stay by a higher court affecting plan implementation justified time exclusion. The order for liquidation was set aside, and time for plan implementation was extended from a specified date.

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The NCLAT addressed the exclusion of an eighteen-month time ...

NCLAT extends plan implementation time due to ongoing litigation. Liquidation avoided as resolution plan in place.

Case Laws Insolvency and Bankruptcy

July 4, 2024

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