Are there any grounds to appeal against the approval of Resolution Plan by the Adjudicating Authority in terms of Insolvency and Bankruptcy Code, 2016?

CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · December 2020
Are there any grounds to appeal against the approval of Resolution Plan by the Adjudicating Authority in terms of Insolvency and Bankruptcy Code, 2016?

Answer & Explanation:

In terms of Section 32 of the Insolvency and Bankruptcy Code, 2016, read along with Section 61(3), an appeal can be made against the order approving a resolution plan under the specified grounds. The grounds for appeal against an approved resolution plan are: The approved resolution plan is in contravention of the provisions of any law for the time being in force. There has been material irregularity in the exercise of the powers by the resolution professional during the corporate insolvency resolution period. The debts owed to the operational creditors of the corporate debtor have not been provided for. The insolvency resolution process costs have not been provided for repayment in priority to all other debts. The resolution plan does not comply with any other criteria specified by the Board.

Topics: Insolvency and Bankruptcy Code, 2016

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