Insolvency and Bankruptcy Code, 2016. · Chapter II: Corporate Insolvency Resolution Process
Section 31: Approval of resolution plan
(1) If the Adjudicating Authority is satisfied that the resolution plan as approved by the committee of creditors under sub-section (4) of section 30 meets the requirements as referred to in sub-section (2) of section 30, it shall by order approve the resolution plan which shall be binding on the corporate debtor and its employees, members, creditors, [including the Central Government, any State Government or any local authority to whom a debt in respect of the payment of dues arising under any law for the time being in force, such as authorities to whom statutory dues are owed,] guarantors and other stakeholders involved in the resolution plan.
[Provided that the Adjudicating Authority shall, before passing an order for approval of resolution plan under this sub-section, satisfy that the resolution plan has provisions for its effective implementation.]
(2) Where the Adjudicating Authority is satisfied that the resolution plan does not confirm to the requirements referred to in sub-section (1), it may, by an order, reject the resolution plan. (3) After the order of approval under sub-section (1),—
(a) the moratorium order passed by the Adjudicating Authority under section 14 shall cease to have effect; and
(b) the resolution professional shall forward all records relating to the conduct of the corporate insolvency resolution process and the resolution plan to the Board to be recorded on its database.
[(4) The resolution applicant shall, pursuant to the resolution plan approved under sub-section (1), obtain the necessary approval required under any law for the time being in force within a period of one year from the date of approval of the resolution plan by the Adjudicating Authority under sub-section (1) or within such period as provided for in such law, whichever is later:
Provided that where the resolution plan contains a provision for combination, as referred to in section 5 of the Competition Act, 2002 (12 of 2003), the resolution applicant shall obtain the approval of the Competition Commission of India under that Act prior to the approval of such resolution plan by the committee of creditors.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 31
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MMTC Limited v. Anglo American Metallurgical Coal Pvt. Limited
Issue arose whether the High Court was justified in not entertaining the objections filed by the appellant u/s.47 CPC and in dismissing the same; and whether at least prima facie the case of breach of fiduciary duty has…
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Tata Steel Ltd. v. Raj Kumar Banerjee & Ors.
(i) Whether the additional condonable period of 15 days as provided under section 61(2) IBC commences from the end of the prescribed limitation period of 30 days, in case the prescribed limitation period for filing the…
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Electrosteel Steel Limited (Now M/S Esl Steel Limited) v. Ispat Carrier Private Limited
Whether upon approval of the resolution plan by the NCLT, the claim of the respondent being outside the purview of the resolution plan stood extinguished; whether the arbitral award dated 06.07.2018 was capable of being…
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A. Rajendra v. Gonugunta Madhusudhan Rao & Ors.
Whether the limitation to file an appeal under Section 60(5) of the Insolvency and Bankruptcy Code starts from the date of pronouncement of the order or from the date when the order is communicated to the parties.
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Rakesh Bhanot v. M/s. Gurdas Agro Pvt. Ltd.
Issue arose whether the proceedings initiated against the appellants u/s.138 rw s.141 of the Negotiable Instruments Act should be stayed in view of the interim moratorium u/s.96 of the Insolvency and Bankruptcy Code,…
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Finance Corporation Limited) v. 63 Moons Technologies Limited & Others
Whether Resolution Plan-RP approved by Committee of Creditors-CoC and NCLT was in contravention of provisions of any law requiring NCLAT to exercise its jurisdiction u/s.61 of the Insolvency and Bankruptcy Code, 2016;…
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M/s JSW Steel Limited v. Pratishtha Thakur Haritwal & Ors.
Whether the case of the present Petitioner is specifically covered by the judgment of this Court in the case of Ghanshyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited and Others…
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Independent Sugar Corporation Ltd. v. Girish Sriram Juneja & Ors.
Whether the approval of a proposed combination by the Competition Commission of India (CCI) must mandatorily precede the approval of the Resolution Plan, by the Committee of Creditors (CoC), as stipulated under the…
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State Bank of India & Ors. v. The Consortium of Mr. Murari Lal Jalan
Whether the Performance Bank Guarantee (PBG) could have been adjusted against the first tranche payment which was to be made under the Resolution Plan, within 180 days from the Effective Date, in contravention of the…
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Private Limited v. Committee of Creditors of Educomp Solutions
The appellant-NOIDA Special Economic Zone Authority filed a claim of INR 06.29 Crores which was admitted by the Respondent No.01-Resolution Professional. The NCLT vide order dated 05.10.2020, granted only INR 50 Lakhs…
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Brs Ventures Investments Ltd. v. Srei Infrastructure Finance Ltd. & Anr.
Whether the payment of Rs.38.87 crores to the financial creditor under the resolution plan of the corporate guarantor will extinguish the liability of the principal borrower/corporate debtor to pay the entire amount…
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Greater Noida Industrial Development Authority v. Prabhjit Singh Soni & Anr.
Whether in exercise of powers under s.60(5), Insolvency and Bankruptcy Code, 2016, the Adjudicating Authority-NCLT can recall an order of approval passed under s.31(1) of the IBC; whether the application for recall of…
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Sanjay Kumar Agarwal v. State Tax Officer (1) &
A Batch of five Review Petitions was filed by the Review Petitioners, aggrieved by the common judgment and order dated 06.09.2022 passed by the Supreme Court in Civil Appeal No. 1661 of 2020 and Civil Appeal No. 2568 of…
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M/S. Rps Infrastructure Ltd. v. Mukul Kumar & Anr.
Whether the commercial entity’s claim pertaining to an arbitral award, in appeal u/s. 37 of the Arbit ration and Conciliation Act, 1996, is liable to be included at a belated stage-after the resolution plan approved by…
- Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman
- Chand Sharma v. Union of India
- Ajay Kumar Radheyshyam Goenka v. Tourism
- State Tax Officer (1) v. Rainbow Papers Limited
- Indian Overseas Bank v. M/S Rcm Infrastructure Ltd. and Another
- Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited & Anr.
- Anjali Rathi and Others v. Today Homes & Infrastructure Pvt. Ltd. and Others
- Pratap Technocrats (P) Ltd. & Ors. v. Monitoring Committee of Reliance Infratel Limited & Anr.
- Ghanashyam Mishra and Sons Private Limited Through the Authorized Signatory v. Edelweiss Asset Reconstruction Company Limited Through the Director & Ors.
- Arun Kumar Jagatramka v. Jindal Steel and Power Ltd. & Anr.
- Gujarat Urja Vikas Nigam Limited v. Mr. Amit Gupta & Ors.
- Committee of Creditors of Amtek Auto Limited Through Corporation Bank v. Dinkar T Venkatasubramanian & Ors.
- Maharashtra Seamless Limited v. Padmanabhan Venkatesh & Ors.