Answer the questions given at the end of the following three scenarios: An Operational Creditor of ABC Limited (Corporate Debtor) has filed an application on 1st March, 2024 for initiating CIRP against the Corporate Debt

CS Professional · Insolvency - Law and Practice · PYQS · June 2024
Answer the questions given at the end of the following three scenarios: An Operational Creditor of ABC Limited (Corporate Debtor) has filed an application on 1st March, 2024 for initiating CIRP against the Corporate Debtor and while the application is pending, the same Corporate Debtor has also filed an application for initiating PPIRP on 10th March, 2024. Critically examine under IBC, 2016 as to whose application shall be disposed-off first by the Adjudicating Authority under the different scenarios as per the inputs given in para (a), (b) and (c) above.

Answer & Explanation:

Section 11A of the Insolvency and Bankruptcy Code, 2016 provides for disposal of applications under section 54C and under section 7 or section 9 or section 10 of the Code. Adjudicating Authority shall dispose of the respective application under the different scenarios in the following manner: Where an application under Section 54 C is filed within 14 days of filing of any application under Section 7 or Section 9 or Section 10, which is pending, in respect of the same corporate debtor, then, notwithstanding anything contained in Section 7, 9 and 10, the Adjudicating Authority shall first dispose-off the application under Section 54 C. Hence, under this scenario, an application made by the Corporate Debtor on 10th March, 2024 for initiating PPIRP shall first be disposed-off by the Adjudicating Authority, albeit the Operational Creditor has filed his application prior to that application which is pending but period of 14 days has not expired.

Topics: Pre-Packaged Insolvency Resolution Process (PPIRP)

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