Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the appeal against approval of the resolution plan disclosed any ground under section 61(3) of the Insolvency and Bankruptcy Code, 2016, and whether the appellant had any legally cognisable status to challenge the plan.
Analysis: The appellant had not lodged any claim in the corporate insolvency resolution process and did not fall within the definition of a creditor under section 3(10) of the Insolvency and Bankruptcy Code, 2016. An appeal against approval of a resolution plan can succeed only on the limited grounds specified in section 61(3), namely contravention of law, material irregularity by the resolution professional, non-provision for operational creditors, non-payment of insolvency resolution process costs in priority, or non-compliance with Board criteria. The record disclosed no material to show any of these statutory grounds. The challenge founded on contractual rights and pre-emptive entitlement did not bring the case within the appellate grounds under the insolvency .
Conclusion: The appeal did not satisfy the statutory grounds for interference and was liable to be rejected.
Final Conclusion: The approved resolution plan was left undisturbed and the challenge to it failed for want of a permissible ground of appeal.
Ratio Decidendi: An appeal against approval of a resolution plan lies only on the specific grounds enumerated in section 61(3) of the Insolvency and Bankruptcy Code, 2016, and absent proof of any such ground, the appellate tribunal cannot interfere.