https://www.taxtmi.com/caselaws?id=286899 A resolution plan under the Insolvency and Bankruptcy Code must satisfy the mandatory requirements of section 30(2) before approval under section 31. A plan framed on an "as is where is" basis may still fail where it is made conditional on extinguishing claims, discharging public dues, or removing an existing lessee, because such contingencies can make implementation uncertain and bring the plan into conflict with law. The insolvency adjudicating forum also cannot determine tenancy rights, order eviction of a leaseholder, or cancel a lease as part of plan approval, since those matters lie before the competent legal forum. en-us Wed, 13 Feb 2019 00:00:00 +0530 Fri, 20 Mar 2020 09:59:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286899 A resolution plan under the Insolvency and Bankruptcy Code must satisfy the mandatory requirements of section 30(2) before approval under section 31. A plan framed on an "as is where is" basis may still fail where it is made conditional on extinguishing claims, discharging public dues, or removing an existing lessee, because such contingencies can make implementation uncertain and bring the plan into conflict with law. The insolvency adjudicating forum also cannot determine tenancy rights, order eviction of a leaseholder, or cancel a lease as part of plan approval, since those matters lie before the competent legal forum. Case-Laws Insolvency and Bankruptcy Wed, 13 Feb 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286899