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Court approves Revised Resolution Plan in Corporate Insolvency Case The court initiated the Corporate Insolvency Resolution Process (CIRP) under Section 7 of the Insolvency and Bankruptcy Code against a corporate debtor. ...
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Court approves Revised Resolution Plan in Corporate Insolvency Case
The court initiated the Corporate Insolvency Resolution Process (CIRP) under Section 7 of the Insolvency and Bankruptcy Code against a corporate debtor. The Committee of Creditors (CoC) received and approved a Revised Resolution Plan submitted by the Consortium after multiple deliberations and revisions. The Resolution Plan was deemed binding, subject to approval from the Competition Commission of India. The moratorium order was lifted, and records were transferred to the Insolvency and Bankruptcy Board of India for database recording, concluding the judgment with directions for compliance and implementation.
Issues: 1. Initiation of Corporate Insolvency Resolution Process (CIRP) under Section 7 of the Code. 2. Constitution of Committee of Creditors (CoC) and receipt of claims. 3. Submission and consideration of resolution plans by CoC. 4. Extension of CIRP period and withdrawal of claim by a CoC member. 5. Reconstitution of CoC and approval of a Revised Resolution Plan by the Consortium. 6. Compliance with the requirements of the Insolvency and Bankruptcy Code (IBC) and Regulations. 7. Approval and binding nature of the Resolution Plan. 8. Direction to obtain approval from the Competition Commission of India. 9. Ceasing of moratorium order and transfer of records to Insolvency and Bankruptcy Board of India (IBBI).
Detailed Analysis: 1. The judgment involved the initiation of the CIRP against a corporate debtor by a financial creditor, leading to the appointment of an Interim Resolution Professional and declaration of moratorium. 2. Claims were received from various creditors, leading to the constitution of the CoC comprising financial creditors. 3. The CoC received and deliberated on multiple resolution plans, requesting revisions from prospective resolution applicants. 4. The CIRP period was extended, a CoC member withdrew their claim, and the CoC underwent reconstitution. 5. The CoC approved a Revised Resolution Plan submitted by the Consortium after considering compliance with the IBC and Regulations. 6. Detailed analysis was conducted to ensure compliance with various sections of the Code, including provisions for payment of costs, debts, management post-approval, implementation, and supervision of the resolution plan. 7. The approved Resolution Plan was deemed binding on all stakeholders, subject to obtaining approval from the Competition Commission of India. 8. The moratorium order was lifted, and records were directed to be transferred to the IBBI for database recording. 9. The judgment concluded by disposing of the application related to the Resolution Plan, affirming its approval and outlining necessary steps for compliance and implementation.
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