118Repayment plan coming to end prematurely
(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.
Download our fully-offline, High speed android app.- Click here
- 94 Application by debtor to initiate insolvency resolution process
- 95 Application by creditor to initiate insolvency resolution process
- 96 Interim moratorium
- 97 Appointment of resolution professional
- 98 Replacement of resolution professional
- 99 Submission of report by resolution professional
- 100 Admission or rejection of application
- 101 Moratorium
- 102 Public notice and claims from creditors
- 103 Registering of claims by creditors
- 104 Preparation of list of creditors
- 105 Repayment plan
- 106 Report of resolution professional on repayment plan
- 107 Summoning of meeting of creditors
- 108 Conduct of meeting of creditors
- 109 Voting rights in meeting of creditors
- 110 Rights of secured creditors in relation to repayment plan
- 111 Approval of repayment plan by creditors
- 112 Report of meeting of creditors on repayment plan
- 113 Notice of decisions taken at meeting of creditors
- 114 Order of Adjudicating Authority on repayment plan
- 115 Effect of order of Adjudicating Authority on repayment plan
- 116 Implementation and supervision of repayment plan
- 117 Completion of repayment plan
- 118 Repayment plan coming to end prematurely
- 119 Discharge order
- 120 Standard of conduct