Section 33:
Initiation of liquidation.
(1) Where the Adjudicating Authority,--
(a) before the expiry of the insolvency resolution process period or the maximum period
permitted for completion of the corporate insolvency resolution process under section 12 or the fast
track corporate insolvency resolution process under section 56, as the case may be, does not receive a
resolution plan under sub-section (6) of section 30; or
(b) rejects the resolution plan under section 31 for the non-compliance of the requirements
specified therein,
it shall--
(i) pass an order requiring the corporate debtor to be liquidated in the manner as laid down in this
Chapter;
(ii) issue a public announcement stating that the corporate debtor is in liquidation; and
(iii) require such order to be sent to the authority with which the corporate debtor is registered.
(2) Where the resolution professional, at any time during the corporate insolvency resolution process
but before confirmation of resolution plan, intimates the Adjudicating Authority of the decision of the
committee of creditors 1[approved by not less than sixty-six per cent. of the voting share] to liquidate the
corporate debtor, the Adjudicating Authority shall pass a liquidation order as referred to in sub-clauses (i),
(ii) and (iii) of clause (b) of sub-section (1).
2[Explanation.-- For the purposes of this sub-section, it is hereby declared that the committee of
creditors may take the decision to liquidate the corporate debtor, any time after its constitution under
sub-section (1) of section 21 and before the confirmation of the resolution plan, including at any time
before the preparation of the information memorandum.]
(3) Where the resolution plan approved by the Adjudicating Authority 3[under section 31 or under
sub-section (1) of section 54L,]is contravened by the
concerned corporate debtor, any person other than the corporate debtor, whose interests are prejudicially
affected by such contravention, may make an application to the Adjudicating Authority for a liquidation
order as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1).
(4) On receipt of an application under sub-section (3), if the Adjudicating Authority determines that
the corporate debtor has contravened the provisions of the resolution plan, it shall pass a liquidation order
as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1).
(5) Subject to section 52, when a liquidation order has been passed, no suit or other legal proceeding
shall be instituted by or against the corporate debtor:
Provided that a suit or other legal proceeding may be instituted by the liquidator, on behalf of the
corporate debtor, with the prior approval of the Adjudicating Authority.
(6) The provisions of sub-section (5) shall not apply to legal proceedings in relation to such
transactions as may be notified by the Central Government in consultation with any financial sector
regulator.
(7) The order for liquidation under this section shall be deemed to be a notice of discharge to the
officers, employees and workmen of the corporate debtor, except when the business of the corporate
debtor is continued during the liquidation process by the liquidator.
Notes:
1. Ins. by Act 26 of 2018, s. 25 (w.e.f. 6-6-2018).
2. Ins. by Act 26 of 2019, s. 8 (w.e.f. 16-08-2019).
3.Ins. by Act 26 of 2021, s. 6 (w.e.f. 4-4-2021).