IBC 163 — Challenge against disclaimed property

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) An application challenging the disclaimer may be made by the following persons under this section to the Adjudicating Authority—
(a) any person who claims an interest in the disclaimed property; or (b) any person who is under any liability in respect of the disclaimed property; or (c) where the disclaimed property is a dwelling house, any person who on the date of application for bankruptcy was in occupation of or entitled to occupy that dwelling house.
(2)  The  Adjudicating  Authority  may  on  an  application  under  sub-section  (1)  make  an  order for  the  vesting  of  the  disclaimed  property  in,  or  for  its  delivery  to  any  of  the  persons  mentioned  in sub-section (1).
(3)  The  Adjudicating  Authority  shall  not  make  an  order  in  favour  of  a  person  who  has  made  an application under clause (b) of sub-section (1) except where it appears to the Adjudicating Authority that it would be just to do so for the purpose of compensating the person.
(4)  The  effect  of  an  order  under  this  section  shall  be  taken  into  account  while  assessing  loss  or damage sustained by any person in consequence of the disclaimer under sub-section (5) of section 160.
(5)  An  order  under  sub-section  (2)  vesting  property  in  any  person  need  not  be  completed  by  any consequence, assignment or transfer.

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