Examining Revival of Insolvency Proceedings after Settlement Agreement violation – Rituraj Kumar

Through a catena of the orders, the tribunals have made it clear that the inherent jurisdiction of the Adjudicating Authority may be invoked to seek revival of the withdrawn insolvency proceeding in case of non-adherence to the settlement agreement. In a nutshell, the only prerequisite to be fulfilled for the revival of CIRP proceedings is either the NCLT has granted the liberty to seek the revival or if the settlement agreement itself permits the revival of CIRP proceedings in case of default, provided that the same has been brought on record of the NCLT while withdrawal of the insolvency proceeding.