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A complete financial creditor's insolvency application must be admitted once default on a due and payable financial debt is established. Lenders cannot be compelled to accept a one-time settlement where acceptance is conditional on an upfront deposit that has not been paid. Settlement-based withdrawal of an admitted insolvency application must follow the amended Section 12A procedure. Section 12A(2) prohibits withdrawal before constitution of the committee of creditors or after the resolution professional issues the first invitation for resolution plans.
A complete financial creditor's insolvency application must be admitted once default on a due and payable financial debt is established. Lenders cannot be compelled to accept a one-time settlement where acceptance is conditional on an upfront deposit that has not been paid. Settlement-based withdrawal of an admitted insolvency application must follow the amended Section 12A procedure. Section 12A(2) prohibits withdrawal before constitution of the committee of creditors or after the resolution professional issues the first invitation for resolution plans.
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