Whether Corporate Debtor is eligible to submit a Resolution Plan when it has acquired a change in its status to that of an MSME after initiation of CIRP | Whether Adjudicating Authority (NCLT) has jurisdiction to go into details of accounts and examination of certificates issued by the competent authority under MSME Act | Whether Resolution Professional has power under Section 25 of IBC to make application for MSME registration during CIRP? – Ramesh Shah In consortium with Masitia Capital Services Pvt. Ltd. Vs. Central Bank of India and Ors. – NCLAT New Delhi
In this important judgment, the issues before Hon’ble NCLAT are:
(i) Whether Corporate Debtor is eligible to submit a Resolution Plan when it has acquired a change in its status to that of an MSME after initiation of the CIRP proceedings
(ii) Whether Adjudicating Authority has jurisdiction to go into details of accounts and examination of certificates issued by the competent authority under MSME Act
Whether Resolution Professional has power under Section 25 of IBC to make application for MSME registration during CIRP?