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RP must include cost of supplying goods during CIRP in resolution process cost

April 26, 2019[2019] 105 307 (NCL-AT)

IBC: Where taking over of shares of promoters of corporate debtor was approved by Adjudicating Authority, provisions of sections 56 and 57 of Companies Act, 2013 could be complied with even after approval of ‘Resolution Plan’, at stage of implementation of plan

IBC: Where resolution plan submitted by successful resolution applicant was superior than resolution plan submitted by appellant, impugned order passed by Adjudicating Authority rejecting resolution plan submitted by appellant could not be interfered

IBC: Where operational creditor supplied goods to corporate debtor during period of CIRP to keep corporate debtor as a going concern, it was duty of RP to include cost incurred for supplying said goods in ‘resolution process cost’

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