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Application to initiate prepackaged insolvency resolution process

Section 54C 1[Application to initiate prepackaged insolvency resolution process.

(1) Where a corporate debtor meets the requirements of section 54A, a corporate applicant thereof may file an application with the Adjudicating Authority for initiating pre-packaged insolvency resolution process.

(2) The application under sub-section (1) shall be filed in such form, containing such particulars, in such manner and accompanied with such fee as may be prescribed.

(3)    2[The corporate applicant shall, along with the application, furnish such information as may be specified]

(4) The Adjudicating Authority shall, within a period of fourteen days of the receipt of the application, by an order, –

(a) admit the application, if it is complete; or

(b) reject the application, if it is incomplete:

Provided that the Adjudicating Authority shall, before rejecting an application, give notice to the applicant to rectify the defect in the application within seven days from the date of receipt of such notice from the Adjudicating Authority.

(5) The pre-packaged insolvency resolution process shall commence from the date of admission of the application under clause (a) of sub-section (4).]

 

Foot note:

1. Inserted by the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 with effect from 04th April, 2021 and enacted by Insolvency and Bankruptcy Code (Amendment) Act, 2021 with effect from 4th day of April, 2021. 

2. Subs by the Insolvency and Bankruptcy Code (Amendment) Act, 2026