In the light of the provisions of Section 10A of the IBC, 2016, state the legal position if default is committed by the Corporate Debtor during the period between 1st February, 2020 to 1st August, 2020?

CS Professional · Insolvency and Bankruptcy - Law and Practice · PYQS · December 2024
In the light of the provisions of Section 10A of the IBC, 2016, state the legal position if default is committed by the Corporate Debtor during the period between 1st February, 2020 to 1st August, 2020?

Answer & Explanation:

Section 10A of the Insolvency and Bankruptcy Code, 2016 which was specially inserted for the suspension of initiation of corporate insolvency resolution process during the Covid period. The Section provides that notwithstanding anything contained in sections 7, 9 and 10, no application for initiation of corporate insolvency resolution process of a corporate debtor shall be filed, for any default arising on or after 25th March, 2020 for a period of six months or such further period, not exceeding one year from such date, as may be notified in this behalf: Provided that no application shall ever be filed for initiation of corporate insolvency resolution process of a corporate debtor for the said default occurring during the said period. Explanation. - For the removal of doubts, it is hereby clarified that the provisions of this section shall not apply to any default committed under the said sections before 25th March, 2020. The suspension shall not be applicable for default committed before the period specified period under Section 10A and hence, if the default is committed on 1st February, 2020, the suspension is not applicable and CIRP can be initiated against the corporate debtor. But, if the default committed during the period specified under Section 10A, CIRP cannot be initiated against the corporate debtor. Accordingly, 1st August, 2020 falls under the specified period and hence, CIRP cannot be initiated against the corporate debtor.

Topics: Initiation of CIRP

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