Knowee
Questions
Features
Study Tools

the structure of the adjudicating authority as applicable to the matters filed under theInsolvency and Bankruptcy Code.

Question

the structure of the adjudicating authority as applicable to the matters filed under the Insolvency and Bankruptcy Code.

🧐 Not the exact question you are looking for?Go ask a question

Solution

The Insolvency and Bankruptcy Code (IBC), 2016, in India has established a comprehensive and systematic legal framework for the insolvency and bankruptcy process. The adjudicating authority for matters filed under the IBC is structured as follows:

  1. National Company Law Tribunal (NCLT): The NCLT is the primary adjudicating authority for insolvency and bankruptcy matters for companies and limited liability partnerships under the IBC. It has the power to admit or reject insolvency petitions, and oversee the entire insolvency process.

  2. National Company Law Appellate Tribunal (NCLAT): The NCLAT serves as the appellate authority for decisions made by the NCLT. Parties can appeal to the NCLAT if they are dissatisfied with the decision of the NCLT.

  3. Debt Recovery Tribunal (DRT): The DRT serves as the adjudicating authority for insolvency and bankruptcy matters for individuals and partnership firms under the IBC. It performs similar functions as the NCLT but for a different set of entities.

  4. Debt Recovery Appellate Tribunal (DRAT): The DRAT serves as the appellate authority for decisions made by the DRT.

  5. Supreme Court of India: The Supreme Court is the final appellate authority for decisions made by the NCLAT and DRAT. Parties can appeal to the Supreme Court if they are dissatisfied with the decisions of the NCLAT or DRAT.

  6. Insolvency and Bankruptcy Board of India (IBBI): The IBBI is not an adjudicating authority but plays a crucial role in the implementation of the IBC. It is responsible for regulating insolvency professionals, insolvency professional agencies, and information utilities.

This structure ensures a systematic and efficient resolution of insolvency and bankruptcy cases, with multiple levels of appeal to ensure fairness and justice.

This problem has been solved

Similar Questions

n this orderly liquidation, the process is done immediately, especially if creditors have sued or when a bankruptcy is filed.Select one:TrueFalse

Multiple Choice QuestionBankruptcy is sometimes called _______ insolvency.Multiple choice question.secondarypatentlegalprimary

Corporate and structured bonds give the right to repayment, at maturity, of the principal subscribed (unless insolvency of the issuer)

The standard, and its associated IFRIC interpretations, address settling a financial liability with an

________________________ is the key concept underlying all bureaucracies.A.DelegationB.Standardization C.Span of controlD.Formalization

1/1

Upgrade your grade with Knowee

Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.