Following the approval of a Resolution Plan in the Corporate ...

Resolution Applicant Entitled to Pursue Tea Garden Lease Renewals After CIRP Approval Under IBC

March 18, 2025

Case Laws     IBC     AT

Following the approval of a Resolution Plan in the Corporate Debtor's CIRP, the NCLAT dismissed an appeal challenging provisions that permitted the Successful Resolution Applicant (SRA) to pursue tea garden lease renewals. The Tribunal held that the SRA, having stepped into the Corporate Debtor's position, was entitled to pursue pending renewal applications or file new ones where necessary. The Adjudicating Authority's direction was limited to granting the right to pursue renewals without expressing any opinion on the merits of such applications, which remain within the State Government's domain. The Tribunal clarified that only stakeholders with direct interest in the CIRP have standing to challenge the Resolution Plan, and affirmed that the state's authority over lease decisions remains unaffected.

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