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ARTICLE · 25 SEPTEMBER 2024

Section 12A Of IBC: A Pathway For Regaining Business Control

The Insolvency and Bankruptcy Code, 2016 (‘IBC') was introduced with a clear purpose to keep the economic machinery running and prevent the wheels of business from grinding to a halt.

IndiaCorporate/Commercial Law

Introduction

The Insolvency and Bankruptcy Code, 2016 ('IBC') was introduced with a clear purpose to keep the economic machinery running and prevent the wheels of business from grinding to a halt. The IBC, a beacon of hope, aimed to tackle the persistent issue of financially distressed entities by ensuring timely resolution. By prioritizing resolution over liquidation, the IBC was designed to revive the business, safeguard jobs, and protect the interests of creditors, thus preserving the economic value that would otherwise be lost in lengthy legal battles. S. 12A of the IBC, a pivotal provision, plays a crucial role in this framework by allowing the withdrawal of insolvency proceedings post-admission if an amicable settlement can be reached.

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