Question

A bank holding 30% of the voting share in the committee of creditors of XYZ Ltd voted against a resolution plan. The plan was nonetheless approved by creditors holding 70% of the voting share and was sanctioned by the NCLT under Section 31 of the Insolvency and Bankruptcy Code, 2016. The bank now refuses to accept the reduced repayment schedule. Which statement is correct?

A The sanctioned resolution plan is enforceable only against the creditors who affirmatively voted in its favour, leaving the dissenting bank free to pursue its own recovery
B The bank may disregard the approved plan and independently enforce its security interest under the SARFAESI Act for the entire outstanding amount
C The resolution plan binds the bank only to the extent it does not reduce the principal sum secured, so an altered repayment schedule cannot be imposed on it
D The resolution plan sanctioned by the NCLT is binding on the bank even though it dissented, since a sanction under Section 31 binds the corporate debtor, all its creditors, guarantors and other stakeholders
E The bank is not bound by the plan because its affirmative consent was not obtained and it voted against the proposal before the committee of creditors
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