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how resolution applicant will remove?

24-Sep-2024
NCLT

Answer By law4u team

In the context of Indian law, particularly under the Insolvency and Bankruptcy Code (IBC), a "resolution applicant" is a person or entity that submits a resolution plan to acquire a corporate debtor undergoing insolvency proceedings. If you are referring to how a resolution applicant can be removed or disqualified, here are the general grounds and procedures: Grounds for Removal: Ineligibility: A resolution applicant may be disqualified if they do not meet the eligibility criteria specified under Section 29A of the IBC, which includes: Being an undischarged insolvent. Being convicted of a criminal offense involving moral turpitude. Having a connected person who is ineligible. Defaulting on payments to creditors. Non-compliance with the Resolution Plan: If the resolution applicant fails to comply with the terms of the resolution plan approved by the committee of creditors, they may be removed. Procedure for Removal: Notification: The Insolvency Professional (IP) managing the insolvency process will notify the resolution applicant regarding the grounds for removal. Opportunity to Respond: The resolution applicant may be given an opportunity to respond to the notice, explaining why they should not be removed. Decision by Committee of Creditors: The committee of creditors may make the final decision regarding the removal of the resolution applicant based on the provided justification and compliance with the legal framework. Filing with NCLT: If necessary, the decision can be appealed or filed with the National Company Law Tribunal (NCLT) for further adjudication. Conclusion: The removal of a resolution applicant should follow due process, ensuring that the applicant has the opportunity to defend their position.

Answer By Ayantika Mondal

Dear Client, Since they are not in an official position and are merely submitting a plan to revive the company under the 2016 Insolvency and Bankruptcy Code a resolution applicant cannot be immediately removed. The applicant's plan is automatically rejected if the Committee of Creditors (CoC) does not approve it by the necessary majority. If a plan does not comply with legal requirements such as Section 29A ineligibility or Section 30(2) non-compliance the resolution professional may also refuse to consider it. A plan may be rejected by the National Company Law Tribunal (NCLT) if it identifies legal problems even if the CoC approves it. In actuality this is how a plan submitted by an applicant is eliminated. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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