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        Insolvency and Bankruptcy

        2020 (2) TMI 1533 - Tri - Insolvency and Bankruptcy

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        Approval of Resolution Plan for Tantia Constructions Ltd. Signals Revival The Tribunal approved the resolution plan submitted by EDCL Infrastructure Ltd., endorsed by the Committee of Creditors, for M/s. Tantia Constructions ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Approval of Resolution Plan for Tantia Constructions Ltd. Signals Revival

                            The Tribunal approved the resolution plan submitted by EDCL Infrastructure Ltd., endorsed by the Committee of Creditors, for M/s. Tantia Constructions Ltd. The plan complied with the Insolvency & Bankruptcy Code, leading to the company's revival. The Resolution Professional's efforts were acknowledged, marking progress in resolving the insolvency proceedings.




                            Issues:
                            1. Application under section 7 of the Insolvency & Bankruptcy Code, 2016 by State Bank of India against M/s. Tantia Constructions Limited for default in payment.
                            2. Admission of Corporate Debtor in Corporate Insolvency Resolution Process (CIRP) and appointment of Interim Resolution Professional.
                            3. Submission and approval of resolution plan by Committee of Creditors (CoC).
                            4. Examination of resolution plan by the Tribunal under section 31 of the I&B Code.
                            5. Compliance of resolution plan with the requirements of section 30(2) of the I&B Code.
                            6. Approval of the resolution plan by the Tribunal.

                            Issue 1: Application under section 7 of the Insolvency & Bankruptcy Code
                            The State Bank of India filed an application against M/s. Tantia Constructions Limited for defaulting on a financial debt, leading to the initiation of Corporate Insolvency Resolution Process (CIRP) under section 7 of the Insolvency & Bankruptcy Code, 2016.

                            Issue 2: Admission of Corporate Debtor in CIRP
                            Following the application, the Corporate Debtor was admitted into CIRP, and an Interim Resolution Professional was appointed to oversee the process. The Interim Resolution Professional called for creditors to submit their claims, leading to the formation of the Committee of Creditors (CoC).

                            Issue 3: Submission and Approval of Resolution Plan
                            After receiving claims from creditors, the CoC held meetings to discuss and approve a resolution plan submitted by EDCL Infrastructure Ltd. The plan was approved by 74.34% votes of the CoC, and the Tribunal was presented with the plan for approval under section 31(a) of the I&B Code.

                            Issue 4: Examination of Resolution Plan by the Tribunal
                            The Tribunal examined the resolution plan in light of the provisions of section 30(2) of the I&B Code, ensuring compliance with requirements such as payment of resolution process costs, debt of operational creditors, management modalities, and legal conformity.

                            Issue 5: Compliance with Section 30(2) Requirements
                            The Tribunal found that the resolution plan adequately addressed the requirements of section 30(2) of the I&B Code, including provisions for payment of operational debts, management post-approval, and adherence to legal provisions and regulations.

                            Issue 6: Approval of the Resolution Plan
                            Considering the CoC's approval and commercial wisdom, the Tribunal approved the resolution plan of EDCL Infrastructure Ltd. for M/s. Tantia Constructions Ltd., as it met the necessary legal criteria and did not contravene any provisions of the law.

                            In conclusion, the Tribunal approved the resolution plan submitted by EDCL Infrastructure Ltd., which was endorsed by the CoC, ensuring compliance with the Insolvency & Bankruptcy Code provisions and securing the revival of the company, M/s. Tantia Constructions Ltd. The Tribunal appreciated the efforts of the Resolution Professional in facilitating the approval of the plan, marking a significant step towards resolving the insolvency proceedings.
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                            ActsIncome Tax
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