Act Number: 31

Act Name: The Insolvency and Bankruptcy Code, 2016.

Year: 2016

Enactment Date: 2016-05-28

Long Title: An Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and to establish an Insolvency and Bankruptcy Board of India, and for matters connected therewith or incidental thereto.

Ministry: Ministry of Corporate Affairs

Department:

Section 61: Appeals and Appellate Authority.
    (1) Notwithstanding anything to the contrary contained under the Companies Act 2013 (18 of 2013), any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal.
     (2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company Law Appellate Tribunal:
     Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days.
     (3) An appeal against an order approving a resolution plan under section 31 may be filed on the following grounds, namely:
         (i) the approved resolution plan is in contravention of the provisions of any law for the time being in force;
        (ii) there has been material irregularity in exercise of the powers by the resolution professional during the corporate insolvency resolution period;
         (iii) the debts owed to operational creditors of the corporate debtor have not been provided for in the resolution plan in the manner specified by the Board;
         (iv) the insolvency resolution process costs have not been provided for repayment in priority to all other debts; or
         (v) the resolution plan does not comply with any other criteria specified by the Board.
     1[(4) An appeal against a liquidation order passed under section 33, or sub-section (4) of section 54L, or sub-section (4) of section 54N, may be filed on grounds of material irregularity or fraud committed in relation to such a liquidation order.
    (5) An appeal against an order for initiation of corporate insolvency resolution process passed under sub-section (2) of section 54-O, may be filed on grounds of material irregularity or fraud committed in relation to such an order.]
Notes:
1. Subs. by Act 26 of 2021, s. 9, for sub-section (4) (w.e.f. 4-4-2021).
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