IBC 142 — Modification or recall of bankruptcy order

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  The  Adjudicating  Authority  may,  on  an application or suo motu, modify or recall a bankruptcy order, whether or not the bankrupt is discharged, if it appears to the Adjudicating Authority that—
(a) there exists an error apparent on the face of such order; or (b)  both  the  bankruptcy  debts  and  the  expenses  of the  bankruptcy  have,  after  the  making  of  the bankruptcy order, either been paid for or secured to the satisfaction of the Adjudicating Authority.
(2) Where the Adjudicating Authority modifies or recalls the bankruptcy order under this section, any sale or other disposition of property, payment made or other things  duly done  by the  bankruptcy trustee shall  be  valid  except  that  the  property  of  the  bankrupt  shall  vest  in  such  person  as  the  Adjudicating Authority may appoint or, in default of any such appointment, revert to the bankrupt on such terms as the Adjudicating Authority may direct.
(3) A copy of the order passed by the Adjudicating Authority under sub-section (1) shall be provided to the Board, for the purpose of recording an entry in the register referred to in section 191.

(4) The modification or recall of the order by the Adjudicating Authority under sub-section (1) shall be  binding  on  all  creditors  so  far  as  it  relates  to  any  debts  due  to  them  which  form  a  part  of  the bankruptcy.

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