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Section 11: Persons not entitled to make application.

The Insolvency and Bankruptcy Code, 2016.Central Act · Act 31 of 2016

The following persons shall not be entitled to make an application to initiate corporate insolvency resolution process under this Chapter, namely:---

(a) a corporate debtor undergoing a corporate insolvency resolution process [ or a pre-packaged insolvency resolution process]; or

[(aa) a financial creditor or an operational creditor of a corporate debtor undergoing a prepackaged insolvency resolution process; or]

(b) a corporate debtor having completed corporate insolvency resolution process twelve months preceding the date of making of the application; or

[(ba) a corporate debtor in respect of whom a resolution plan has been approved under Chapter III-A, twelve months preceding the date of making of the application; or]

(c) a corporate debtor or a financial creditor who has violated any of the terms of resolution plan which was approved twelve months before the date of making of an application under this Chapter; or

(d) a corporate debtor in respect of whom a liquidation order has been made.

[Explanation I].--- For the purposes of this section, a corporate debtor includes a corporate applicant in respect of such corporate debtor.

[Explanation II.--- For the purposes of this section, it is hereby clarified that nothing in this section shall prevent a corporate debtor referred to in clauses (a) to (d) from initiating corporate insolvency resolution process against another corporate debtor.]

Where this provision sits

ActThe Insolvency and Bankruptcy Code, 2016.
Section11
Marginal notePersons not entitled to make application.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it10

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 26 of 2021. . Ins. by Act 26 of 2021, s. 4 (w.e.f. 4-4-2021).
  • other, Act 1 of 2020. . The existing Explanation shall be numbered as Explanation I by Act 1 of 2020, s. 4 (w.e.f. 28-12-2019).
  • inserted, Act 1 of 2020. . Ins. by Act 1 of 2020, s. 4 (w.e.f. 28-12-2019).

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