IBC Section 30: Submission of resolution plan

Section 30 of Insolvency and Bankruptcy Code, 2016: Submission of resolution plan

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) A resolution applicant may submit a resolution plan along with an affidavit stating that he is eligible under section 29A to the resolution professional prepared on the basis of the information memorandum.

(2) The resolution professional shall examine each resolution plan received by him to confirm that each resolution plan-

(a) provides for the payment of insolvency resolution process costs in a manner specified by the Board in priority to the payment of other debts of the corporate debtor;

(b) provides for the payment of the debts of operational creditors in such manner as may be specified by the Board which shall not be less than the amount to be paid to the operational creditors in the event of a liquidation of the corporate debtor under section 53;

(c) provides for the management of the affairs of the Corporate debtor after approval of the resolution plan;

(d) the implementation and supervision of the resolution plan;

(e) does not contravene any of the provisions of the law for the time being in force;

(f) conforms to such other requirements as may be specified by the Board.

Explanation.— For the purposes of clause (e), if any approval of shareholders is required under the Companies Act, 2013 (18 of 2013) or any other law for the time being in force for the implementation of actions under the resolution plan, such approval shall be deemed to have been given and it shall not be a contravention of that Act or law;

(3) The resolution professional shall present to the committee of creditors for its approval such resolution plans which confirm the conditions referred to in sub-section (2).

(4) The committee of creditors may approve a resolution plan by a vote of not less than sixty-six per cent. of voting share of the financial creditors, after considering its feasibility and viability, and such other requirements as may be specified by the Board:

Provided that the committee of creditors shall not approve a resolution plan, submitted before the commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2017 (Ord. 7 of 2017), where the resolution applicant is ineligible under section 29A and may require the resolution professional to invite a fresh resolution plan where no other resolution plan is available with it:

Provided further that where the resolution applicant referred to in the first proviso is ineligible under clause (c) of section 29A, the resolution applicant shall be allowed by the committee of creditors such period, not exceeding thirty days, to make payment of overdue amounts in accordance with the proviso to clause (c) of section 29A: Provided also that nothing in the second proviso shall be construed as extension of period for the purposes of the proviso to sub-section (3) of section 12, and the corporate insolvency resolution process shall be completed within the period specified in that sub-section. Provided also that the eligibility criteria in section 29A as amended by the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (Ord. 6 of 2018) shall apply to the resolution applicant who has not submitted resolution plan as on the date of commencement of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018.

(5) The resolution applicant may attend the meeting of the committee of creditors in which the resolution plan of the applicant is considered:

Provided that the resolution applicant shall not have a right to vote at the meeting of the committee of creditors unless such resolution applicant is also a financial creditor.

(6) The resolution professional shall submit the resolution plan as approved by the committee of creditors to the Adjudicating Authority.

1. Ins. by Act 26 of 2018, s. 23 (w.e.f. 6-6-2018).

2. Subs. by s. 23, ibid., for "repayment" (w.e.f. 6-6-2018).

3. Explanation ins. by s. 23, ibid., (w.e.f. 6-6-2018).

4. Subs. by Act 8 of 2018, s. 6, for sub-section (4) (w.e.f. 23-11-2017).

5. Subs. by Act 26 of 2018, s., 23, for "seventy-five" (w.e.f. 6-6-2018).

Legal Commentary & Landmark Judgments: Section 30

Section 30 governs the formal submission, statutory verification, and CoC voting procedures required to approve a corporate resolution plan.

Resolution Professional Due Diligence: The resolution professional must examine each resolution plan to ensure compliance with Section 29A eligibility, statutory dues priority, and operational feasibility.
CoC Supermajority Approval: The Committee of Creditors evaluates the commercial feasibility of eligible plans, requiring an affirmative supermajority vote of at least 66% of voting share.

Key Landmark Precedents:

K. Sashidhar v. Indian Overseas Bank (2019) 12 SCC 150: The Supreme Court held that the commercial wisdom of the CoC under Section 30(4) is non-justiciable; the NCLT and NCLAT have no jurisdiction to evaluate the commercial soundness or financial terms of an approved plan.
Committee of Creditors of Essar Steel India Ltd. v. Satish Kumar Gupta (2020) 8 SCC 531: Established that equitable treatment of creditors does not mean equal treatment; the CoC has legitimate authority to allocate payments between secured and unsecured creditors based on commercial risk and security interest.

Legal Commentary:

Section 30 establishes creditor democracy as the decisive mechanism for corporate reorganization. The 66% voting threshold ensures that resolution plans command broad institutional backing, while statutory minimum payments protect operational and dissenting stakeholders.