Supreme Court: Brief Service Breaks Do Not Bar Ad Hoc Employees From Regularisation  ||  SC: Arbitral Awards May Be Challenged By Legal Representatives Only U/S 34, Not Via Article 227  ||  SC Stressed Caution in Uniformed Service Appointments and Restored Dismissal of an Unfit Constable  ||  Supreme Court: Higher Qualifications Cannot Replace the Required Minimum Experience Criteria  ||  Delhi High Court: Bank's Guard Post Involves Handling Arms, Strict Background Disclosure is Essential  ||  Delhi High Court: CARA Must Obtain Foreign Clearances Before Issuing NOC For Inter-Country Adoption  ||  Punjab & Haryana HC: Grounds of Arrest Need Not Be Reissued For a Second Arrest in the Same FIR  ||  Chhattisgarh HC: Valid Caste Certificate Required To Prove SC/ST Act Offences; Oral Claim Not Enough  ||  Supreme Court Directs Preventive Detention to Curb Illegal Mining in Chambal Sanctuary  ||  SC: Courts Must Frame Points For Determination and Give Reasoned Judgments in Ex Parte Cases    

Circulation of progress reports to stakeholders- (Insolvency and Bankruptcy Board of India) (22 Feb 2024)

MANU/NMIC/0068/2024

Insolvency

1. Regulation 15 of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 (Liquidation Regulations) provides that the liquidator shall submit Progress Reports, to the Adjudicating Authority (AA) and the Insolvency and Bankruptcy Board of India (IBBI / Board) within fifteen days after the end of every quarter. Though the regulation provides the submission of progress reports to the AA and the Board, it does not get shared with the key stakeholders of the ecosystem, i.e., creditors, thus leaving them unaware of the progress in the process thereby creating information asymmetry.

2. Accordingly, it is hereby directed that the liquidator shall also share the progress reports with the members of the Stakeholders' Consultation Committee (SCC) after receiving a confidential undertaking. Further, the liquidator shall submit the progress reports under Regulation 15 till the filing of the final report under Regulation 45.

Preparation of preliminary report

3. Regulation 13 of the Liquidation Regulations mandates the liquidator to submit a Preliminary Report to the AA detailing various aspects of the corporate debtor and the intended plan of action for carrying out the liquidation process. However, the present regulation lacks SCC consultation in preparation of the preliminary report thereby risking oversight of crucial stakeholder insights.

4. Accordingly, it is hereby directed that the liquidator shall seek suggestions / observations of the members of the SCC while preparing the Preliminary Report under regulation 13 and finalise the Preliminary Report after considering such suggestions / observations, and thereafter, submit it to the AA, Board and members of SCC.

Sharing of final report, Form H, and process closure/dissolution order with IBBI

5. It is hereby directed that the liquidator shall submit a copy of Form H along with final report filed before the Adjudicating Authority as per Regulation 45, and the order for process closure/dissolution to the Board to the email ID: liq.cirp@ibbi.gov.in.

6. This is issued in the exercise of the powers conferred under section 196 of the Insolvency and Bankruptcy Code, 2016.

Tags : CIRCULATION   PROGRESS REPORTS   STAKEHOLDERS  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved