Naveen Kumar, a Financial Creditor filed an Insolvency Application under Section 7 of Insolvency and Bankruptcy Code, 2016 against M/s ABC Private Ltd, Corporate Debtor (Defaulter) before the National Company Law Tribuna

CS Professional · Insolvency - Law and Practice · PYQS · December 2019
Naveen Kumar, a Financial Creditor filed an Insolvency Application under Section 7 of Insolvency and Bankruptcy Code, 2016 against M/s ABC Private Ltd, Corporate Debtor (Defaulter) before the National Company Law Tribunal on 1st July, 2018. National Company Law Tribunal after satisfying that the default has occurred and the application is complete in all respects and all the related compliances have been met, admitted the application, by an order passed on 10th July, 2018 and appointed Kamal Kishore as Interim Resolution Professional (IRP). As per the Insolvency and Bankruptcy Code, 2016, state the following: Calculate Time Period for the completion of the Insolvency Resolution Process by the NCLT.

Answer & Explanation:

Section 12 of the Code states that any Insolvency Resolution Process shall be completed within a period of one hundred and eighty days from the date of admission of the application to initiate the process. Accordingly, Corporate Insolvency Resolution Process should be completed by 6th January, 2019 . However, the NCLT may on an application made by the Resolution Professional, under a resolution passed by the Committee of Creditors, by a vote of 66% of voting shares, after consideration provide extension which shall not exceed 90 days. Further, Insolvency and Bankruptcy Code (Amendment) Act, 2019 w.e.f. 6th August, 2019, has added a proviso to section 12(3) stating that corporate insolvency resolution process shall mandatorily be completed within a period of three hundred and thirty days from the insolvency commencement date, including any extension of the period of corporate insolvency resolution process granted under this section and the time taken in legal proceedings in relation to such resolution process of the corporate debtor.

Topics: Corporate Insolvency Resolution Process (CIRP)

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