Section 29A(c) states that a person is ineligible to submit a resolution plan if at the time of submission of a resolution plan such person has a non-performing asset account. And one year has lapsed since the account was such classified and commencement of CIRP. Which of the following is the Supreme Court’s interpretation of the above disqualification?
Overdue amounts under a non-performing asset account must be paid before submission of a resolution plan for a person to become eligible under Section 29A(c). Not afterwards. This position of law was clarified by the Supreme Court in Arcelormittal India Pvt Ptd v Satish Kumar Gupta AIR 2018 SC 5646.