<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>NCLAT Reinstates CIRP Due to Procedural Flaws in Withdrawal Application by Financial Creditor Instead of Applicant.</title>
    <link>https://www.taxtmi.com/highlights?id=75311</link>
    <description>Withdrawal of CIRP - The NCLAT emphasized that withdrawal of CIRP necessitates an application by the applicant and approval by 90% of the Committee of Creditors (CoC), as mandated by Section 12A of the IBC. - However, it was found that Form &#039;FA&#039; submitted for withdrawal was not signed by the applicant, indicating non-compliance with procedural requirements. Despite objections raised by the appellant (Joinup Corporation), the Form &#039;FA&#039; was submitted by the Financial Creditor (Tamilnad Mercantile Bank Limited), leading to discrepancies in the submission process. - the NCLAT concluded that the withdrawal of CIRP was not conducted in accordance with the law. It set aside the impugned order and revived the CIRP proceedings.</description>
    <language>en-us</language>
    <pubDate>Fri, 01 Mar 2024 07:31:47 +0530</pubDate>
    <lastBuildDate>Fri, 01 Mar 2024 07:31:47 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=745337" rel="self" type="application/rss+xml"/>
    <item>
      <title>NCLAT Reinstates CIRP Due to Procedural Flaws in Withdrawal Application by Financial Creditor Instead of Applicant.</title>
      <link>https://www.taxtmi.com/highlights?id=75311</link>
      <description>Withdrawal of CIRP - The NCLAT emphasized that withdrawal of CIRP necessitates an application by the applicant and approval by 90% of the Committee of Creditors (CoC), as mandated by Section 12A of the IBC. - However, it was found that Form &#039;FA&#039; submitted for withdrawal was not signed by the applicant, indicating non-compliance with procedural requirements. Despite objections raised by the appellant (Joinup Corporation), the Form &#039;FA&#039; was submitted by the Financial Creditor (Tamilnad Mercantile Bank Limited), leading to discrepancies in the submission process. - the NCLAT concluded that the withdrawal of CIRP was not conducted in accordance with the law. It set aside the impugned order and revived the CIRP proceedings.</description>
      <category>Highlights</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Fri, 01 Mar 2024 07:31:47 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=75311</guid>
    </item>
  </channel>
</rss>