Approval of resolution plan binds debtor and stakeholders while limiting judicial review to statutory compliance and implementability. Approval under Section 31 binds the resolution plan on the corporate debtor, its employees, members, creditors (including government authorities), ... Summary
Approval of resolution plan binds debtor and stakeholders while limiting judicial review to statutory compliance and implementability.
Approval under Section 31 binds the resolution plan on the corporate debtor, its employees, members, creditors (including government authorities), guarantors and other stakeholders if the Adjudicating Authority is satisfied the CoC approved plan meets statutory requirements and provides for effective implementation. AA review is limited to statutory compliance and implementability; it cannot reassess the CoC's commercial wisdom. On approval, the moratorium ceases, CIRP records and the plan are forwarded to the regulator, relevant filings must be made on dissolution, necessary statutory and competition approvals must be obtained within the prescribed period, and claims not included in the approved plan stand extinguished.
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