IBC 87 — Application against decision of resolution professional

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) The debtor or the creditor who is aggrieved by the action taken by the resolution professional under section 86 may, within ten days of such decision,  make  an  application  to  the  Adjudicating  Authority  challenging  such  action  on  any  of  the following grounds, namely:—
(a)  that  the  resolution  professional  has  not  given  an  opportunity  to  the  debtor  or  the  creditor  to make a representation; or (b) that the resolution professional colluded with the other party in arriving at the decision; or (c) that the resolution professional has not complied with the requirements of section 86.

(2)  The  Adjudicating Authority  shall  decide  the  application  referred  to  in  sub-section  (1)  within fourteen days of such application, and make an order as it deems fit.
(3)  Where  the  application  under  sub-section  (1)  has  been  allowed  by  the  Adjudicating  Authority,  it shall forward its order to the Board and the Board may take such action as may be required under Chapter VI of Part IV against the resolution professional.

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