Just a moment...

βœ•
Top
Help
πŸš€ New: Section-Wise Filter βœ•

1. Search Case laws by Section / Act / Rule β€” now available beyond Income Tax. GST and Other Laws Available

2. New: β€œIn Favour Of” filter added in Case Laws.

Try both these filters in Case Laws β†’

×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedbackβœ•

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Resolution Professional's Plan Rejection Overturned; Tribunal Highlights Need for Procedural Fairness and Compliance.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The National Company Law Appellate Tribunal, Principal Bench, New Delhi, held that the rejection of the Resolution Plan application by the Resolution Professional (RP) was improper due to non-compliance with Section 30(2)(b) and Section 30 of the Insolvency and Bankruptcy Code (IBC). The Adjudicating Authority can only reject a Resolution Plan if it violates Section 30(2) with proper reasons and material. The lack of specific reasons for non-compliance in the impugned order led to setting aside the decision. The Adjudicating Authority was directed to reconsider the application, allowing the RP to submit missing Minutes and Documents within two weeks to avoid further delays. The appeal was allowed, emphasizing the importance of procedural fairness and compliance with legal requirements.....