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IBC - Highlights / Catch Notes

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The Appellate Tribunal allowed the appeal, setting aside the ...


Appeal allowed after settlement & payment; IRP entitled to CIRP costs; creditor to file withdrawal form with bank guarantee.

Case Laws     IBC

October 17, 2024

The Appellate Tribunal allowed the appeal, setting aside the order of admission against the Corporate Debtor due to the settlement reached and payment received by the creditor. The Insolvency Resolution Professional (IRP) worked for a brief period before the Committee of Creditors' (CoC) constitution was stayed. The IRP can claim CIRP costs by filing an application before the Adjudicating Authority. The Financial Creditor shall file the prescribed form along with a bank guarantee to the IRP, who will then submit it to the Adjudicating Authority for withdrawal of the petition. The other creditor's petition can be revived to pursue claims against the Corporate Debtor.

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