Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

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 applicant eligibility: NPA-based disqualification is tested on plan submission date, and connected-person bar fails derivatively.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Section 29A(c) disqualification must be assessed on the date the resolution plan is submitted, and an earlier NPA-based default cannot be relied on once the relevant corporate debtor's CIRP has ended with approval of a resolution plan and change of management. The Supreme Court held that no dues in praesenti survived on that date, so the appellant was not ineligible under Section 29A(c); prior employment and later slump-sale acquisition were insufficient to attract the bar. It further held that Section 29A(j) is only derivative of a valid ineligibility under clauses (a) to (i), so the connected-person objection also failed. The appeals were allowed, the NCLAT orders were set aside, and the resolution plan was directed to be processed further.....