Prior Committee of Creditors approval of eligibility criteria is required before publication of Form G; Regulation 36A's publication timeline does not displace that requirement. On expiry of the CIRP without receipt of a resolution plan, section 33(1)(a) mandates liquidation, and a pending application alleging fraudulent or malicious initiation does not automatically halt that consequence. Going-concern status requires ongoing business operations, personnel and revenue generation, rather than residual assets alone. A suspended board has no unconditional right to impleadment in liquidation proceedings governed by objective statutory conditions. Further resolution efforts remain within the CoC's commercial judgment, which appellate review cannot replace.
Prior Committee of Creditors approval of eligibility criteria is required before publication of Form G; Regulation 36A's publication timeline does not displace that requirement. On expiry of the CIRP without receipt of a resolution plan, section 33(1)(a) mandates liquidation, and a pending application alleging fraudulent or malicious initiation does not automatically halt that consequence. Going-concern status requires ongoing business operations, personnel and revenue generation, rather than residual assets alone. A suspended board has no unconditional right to impleadment in liquidation proceedings governed by objective statutory conditions. Further resolution efforts remain within the CoC's commercial judgment, which appellate review cannot replace.
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