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

CS Professional · Insolvency - Law and Practice · PYQS · June 2024
Answer the questions given at the end of the following three scenarios: A Financial Creditor of ABC Limited (Corporate Debtor) has filed an application on 1st March, 2024 for initiating CIRP against the Corporate Debtor and while this application is pending, the same Corporate Debtor has also filed an application for initiating PPIRP on 20th 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 54C is filed after 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, the Adjudicating Authority shall first dispose-off the application under Section 7, 9 or 10. As the application for initiating PPIRP under Section 54 C has been made on 20th March, 2024 i.e., after 14 days of the application filed by the Financial Creditor, the Adjudicating Authority shall first dispose-off the application of Financial Creditor for initiating CIRP.

Topics: Pre-Packaged Insolvency Resolution Process (PPIRP)

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic