The Insolvency and Bankruptcy Code was always designed as a time-bound mechanism. Yet, for nearly a decade, that promise remained more aspirational than real. The recent amendments mark a serious attempt to restore that original design. In doing so, they may finally give the Code its long-awaited operational soul, though not without introducing new tensions that will inevitably play out in practice.
Take the admission stage. The statute has always prescribed a 14-day period for the adjudicating authority to admit or reject an application. Courts, however, consistently treated this timeline as directory. The result was predictable. Admission hearings became mini-trials, stretching for months, sometimes years, with extensive arguments on issues far beyond the limited question of default.
The amendment now sharpens this position. The adjudicating authority is required to decide within 14 days, and if it fails to do so, it must record reasons for the delay. On paper, this appears to be a firm legislative push towards discipline. In reality, it may produce unintended consequences.
Admission under the Code is not a routine procedural step. It triggers a moratorium, displaces management, and sets the corporate debtor on a path that may well end in liquidation. Given these drastic consequences, compressing the decision-making window to 14 days could lead to defensive adjudication. One can reasonably expect more rejections at the threshold, with appellate forums being burdened with questions that were earlier examined in detail by the NCLT. In that sense, the pressure of time may shift, rather than resolve, the problem of delay.
Where the amendment is more decisive is in addressing a long-standing misuse of the Code as a recovery tool. Section 12A, dealing with the withdrawal of CIRP, has now been tightened in a manner that alters litigation strategy fundamentally. Withdrawal is no longer permissible once the invitation for submission of resolution plans has been issued. More importantly, withdrawal cannot take place before the constitution of the committee of creditors.
This is a significant course correction. For years, financial and operational creditors alike used the threat of insolvency proceedings as leverage. Applications were filed, admitted, and then quietly withdrawn upon settlement, often before the process could meaningfully commence. The Code, in effect, became a sophisticated arm-twisting mechanism.
The amended framework disrupts this model. Once an application is admitted, parties are locked into the process at least until the committee of creditors is constituted. The window for opportunistic settlements narrows considerably. This reorients the Code back towards its original objective of resolution rather than recovery.
Another important and perhaps under-discussed shift relates to the clean slate principle. What emerged judicially now finds explicit statutory footing. The amendments make it clear that once a resolution plan is approved, prior claims against the corporate debtor stand extinguished, and proceedings in respect of such claims cannot continue. This legislative clarity is likely to significantly reduce post-resolution litigation, which has long undermined the finality and commercial certainty that the Code sought to achieve.
Equally notable is the renewed emphasis on resolution over liquidation. The amended framework allows for restoration of the corporate insolvency resolution process even at a stage where liquidation would ordinarily follow. In effect, the law now permits a second attempt at resolution, a second bite at the cherry.
This is a pragmatic recognition of how processes unfold in reality. There are cases where resolution plans fail at a late stage, or where better value may be realised with additional time. The earlier framework offered little flexibility once liquidation was triggered. The amendment introduces a controlled mechanism to revisit that outcome, within defined timelines, in the interest of value maximisation.
The increasing centrality of the committee of creditors is another defining feature of the amendments. Creditor control now extends beyond the resolution phase into liquidation, with the committee playing a supervisory role over the conduct of the process. This reflects a clear policy direction. The Code is evolving into a more creditor-driven regime, where commercial decision-making is left largely in the hands of financial stakeholders.
At the same time, the amendments provide greater clarity on the treatment of dissenting financial creditors by setting a clearer minimum entitlement. This is likely to reduce litigation around distribution, an area that has seen considerable judicial intervention over the years.
Taken together, these changes signal not so much a departure from the original framework as a return to it. The shift is towards re-emphasising the foundational principles of the Code, speed, certainty, creditor control, and value maximisation. Nearly a decade after its enactment, the law appears to be rediscovering its own preamble.
The article has been authored by Surekh Kant Baxy, associate partner at Aekom Legal.
Disclaimer: The views expressed in this article are solely those of the author and do not necessarily reflect the opinion of NDTV Profit or its affiliates. Readers are advised to conduct their own research or consult a qualified professional before making any investment or business decisions. NDTV Profit does not guarantee the accuracy, completeness, or reliability of the information presented in this article.
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