IBC 118 — Repayment plan coming to end prematurely

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) A repayment plan shall be deemed to have come  to  an  end  prematurely  if  it  has  not  been  fully  implemented  in  respect  of  all  persons  bound  by  it within the period as mentioned in the repayment plan.
(2)  Where  a  repayment  plan  comes  to  an  end  prematurely  under  this  section,  the  resolution professional shall submit a report to the Adjudicating Authority which shall state—
(a) the receipts and payments made in pursuance of the repayment plan;
(b) the reasons for premature end of the repayment plan; and (c) the details of the creditors whose claims have not been fully satisfied.

(3)  The Adjudicating  Authority  shall  pass  an  order  on  the  basis  of  the  report  submitted  under sub-section  (2)  by  the  resolution  professional  that  the  repayment  plan  has  not  been  completely implemented.
(4) The debtor or the creditor, whose claims under repayment plan have not been fully satisfied, shall be entitled to apply for a bankruptcy order under Chapter IV.
(5)  The  Adjudicating  Authority  shall  forward  to  the  persons  bound  by  the  repayment  plan  under section 115, a copy of the—
(a)   report   submitted   by   the   resolution   professional   to   the   Adjudicating   Authority   under sub-section (2); and (b) order passed by the Adjudicating Authority under sub-section (3).
(6) The Adjudicating Authority shall forward a copy of the order passed under sub-section (4) to the Board, for the purpose of recording entries in the register referred to in section 196.

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