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 a creditor that did not challenge the Resolution Professional's classification of its claim as contingent can challenge the approved resolution plan after its implementation.
Analysis: The creditor was informed during the corporate insolvency resolution process that its claim was categorised as contingent, but did not challenge that determination before the Adjudicating Authority. Its subsequent pursuit of modification of an interim stay before another forum did not displace the need to timely contest the claim classification in the insolvency process. The resolution plan was approved and thereafter fully implemented, with the insolvency proceeding closed. An approved and implemented resolution plan cannot be disturbed by claims not timely agitated, since the successful resolution applicant cannot be exposed to fresh or resurrected claims after plan approval.
Conclusion: The challenge to the resolution plan was not maintainable at the post-implementation stage and was decided against the appellant.