Case Law Details
Hari Babu Thota Vs Others (Supreme Court of India)
Supreme Court held that promoter of the company are not disqualified per say under section 29A of the Insolvency and Bankruptcy Code, 2016 (the Code) to dis-entitle him from presenting the resolution plan. Thus, promoters are eligible to submit resolution plan.
Facts- Shree Aashraya Infra-Con Limited went into CIRP under the Insolvency and Bankruptcy Code, 2016 and the appellant before us was appointed as the Resolution Professional. The Resolution Professional presented a plan before the National Company Law Tribunal, Bengaluru as propounded by the promoters and approved by the Committee of Creditors [COC] but in terms of the order dated 28.02.2023, the application was dismissed on the ground that the promoters could not have presented the plan.
Conclusion- We certainly can look to the statement of the Minister for purposes of a cut off date that “there is no other specific provision providing for cut off date” which submits that it should be the date of application of making a bid. Thus, to opine that it is the initiation of the CIRP proceedings which is the relevant date, cannot be said to reflect the correct legal view and thus, we are constrained to observe that the law laid down in Digambar Anand Rao Pigle case by the Tribunal is not the correct position in law and the cut off date will be the date of submission of resolution plan.
Held that the plan submitted in question will not incur the disqualification. We may also note that the aforesaid intent is reflected in the statutory provision itself that in Section 29A (c) which begins with “at the time of submission of the resolution plan”.
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