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Section 87 - Insolvency and Bankruptcy Code Act, 2016
87. Application against decision of resolution professional.-
(1) The debtor or the creditor who is aggrieved by the action taken by the resolution professional under section 86 may, within ten days of such decision, make an application to the Adjudicating Authority challenging such action on any of the following grounds, namely:-
(a) that the resolution professional has not given an opportunity to the debtor or the creditor to make a representation; or
(b) that the resolution professional colluded with the other party in arriving at the decision; or
(c) that the resolution professional has not complied with the requirements of section 86.
(2) The Adjudicating Authority shall decide the application referred to in sub-section (1) within fourteen days of such application, and make an order as it deems fit.
(3) Where the application under sub-section (1) has been allowed by the Adjudicating Authority, it shall forward its order to the Board and the Board may take such action as may be required under Chapter VI of Part IV against the resolution professional.
Related Sections
- Section 71: Punishment for falsification of books of corporate debtor
- Section 19: Personnel to extend co-operation to interim resolution professional
- Section 25: Duties of resolution professional
- Section 173: Mutual credit and set-off
- Section 193: Member not to participate in meetings in certain cases
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