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Chapter III Insolvency Resolution Process

Section 106. Report of resolution professional on repayment plan. –

(1) The resolution professional shall submit the repayment plan under section 105 along with his report on such plan to the Adjudicating Authority within a period of twenty-one days from the last date of submission of claims under section 102.

(2) The report referred in sub-section (1) shall include that-

  • (a) the repayment plan is in compliance with the provisions of any law for the time being in force;
  • (b) the repayment plan has a reasonable prospect of being approved and im-plemented; and
  • (c) there is a necessity of summoning a meeting of the creditors, if required, to consider the repayment plan:
  • Provided that where the resolution professional recommends that a meeting of the creditors is not required to be summoned, reasons for the same shall be provided.

(3) The report referred to in sub-section (2) shall also specify the date on which, and the time and place at which, the meeting should be held if he is of the opinion that a meeting of the creditors should be summoned.

(4) For the purposes of sub-section (3) –

  • (a) the date on which the meeting is to be held shall be not less than fourteen days and not more than twenty-eight days from the date of submission of report under sub-section(1);
  • (b)the resolution professional shall consider the convenience of creditors in fixing the date and venue of the meeting of the creditors.

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