Which of the following is NOT a ground of appeal under section 61(3) against an order approving a…
Section 61(3) allows an appeal against a plan approval order only on listed grounds: contravention of law, "material irregularity in exercise of the powers by the resolution…
Choose your answer
Which of the following is NOT a ground of appeal under section 61(3) against an order approving a resolution plan?
Answer and explanation
Correct answer A
Section 61(3) allows an appeal against a plan approval order only on listed grounds: contravention of law, "material irregularity in exercise of the powers by the resolution professional", improper provision for operational creditors, non-priority of CIRP costs, and non-compliance with other criteria specified by the Board. That a rival applicant offered more money goes to the CoC's commercial judgment and is not a listed ground. Section 32 says appeals against plan approval orders lie on the grounds in section 61(3).
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Insolvency
Subject revision