The Insolvency and Bankruptcy Code, 2016
IBBI (Pre-Packaged Insolvency Resolution Process) Regulations, 2021
Chapter IX – Resolution plans
Regulation 48: Approval of resolution plan.
48. (1) The resolution plan selected under regulation 47 shall be considered by the committee for approval, if it is significantly better than the base resolution plan.
(2) Where no resolution plan is received under regulation 46, which complies with the requirements of the Code and these Regulations, the base resolution plan may be considered by the committee for approval.
(3) In cases not covered under sub-regulations (1) and (2), the resolution professional shall disclose the scores of the resolution plan selected under regulation 46 and the base resolution plan to submitters of these resolution plans and invite them to improve their resolution plans in accordance with sub-regulation (4).
(4) The submitter of the resolution plan under sub-regulation (3) shall have an option to improve its plan in the following manner:-
(a) The submitter of resolution plan, which has lower score, shall have an option to improve its resolution plan by at least a tick size;
(b) then the submitter of the other resolution plan shall have an option to improve its resolution plan by at least a tick size;
(c) then the submitter under clause (a) shall have an option to improve its resolution plan by at least a tick size;
(d) then the submitter under clause (b) shall have an option to improve its resolution plan by at least a tick size, and
the process of improvement shall continue till either of the submitters fails to use the option within the time specified in the invitation for resolution plans.
(5) The process under sub-regulations (3) and (4) shall be completed within a time-window of forty-eight hours.
(6) The resolution plan having higher score on completion of process of improvement under sub-regulation (4) shall be considered by the committee for approval.
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