Interpretation of Regulation 21A of IBBI (Liquidation Process) ...

Secured creditor's claim over remaining asset portion rejected after failing to realize security interest within time limit.

September 30, 2024

Case Laws IBC Tri

Interpretation of Regulation 21A of IBBI (Liquidation Process) Regulations, 2016 regarding secured creditor's obligation to realize security interest within stipulated time. Regulation casts duty on secured creditor to pay liquidator estimated amount or excess realized value within prescribed timeline, failing which asset becomes part of liquidation estate. Secured creditor's contention of non-communication of estimated amount by liquidator rejected as misplaced. Law mandates secured creditor to complete realization process within 180 days, after which asset vests with liquidation estate under Regulation 21A(3). Secured creditor's belated claim over remaining property portion rejected for non-compliance with 30-day intimation requirement. Liquidator's decision upheld as per regulations. Application dismissed by Tribunal.

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Interpretation of Regulation 21A of IBBI (Liquidation Process) ...

Secured creditor's claim over remaining asset portion rejected after failing to realize security interest within time limit.

September 30, 2024

Case Laws IBC Tri

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