Applications Under Section 60(5) IBC Cannot Be Used to Modify Approved Resolution Plans: NCLT Delhi

The NCLT Delhi held that applications under Section 60(5) of the Insolvency and Bankruptcy Code cannot be used to amend or revisit an approved resolution plan.

Dismissing a plea by the Successful Resolution Applicants in the Shubhkamna City project seeking structural audits and retrofitting directions, the Tribunal ruled that such relief would amount to an indirect modification of the plan, which the Code does not permit.

NCLT emphasised that a resolution plan, once approved, attains finality and irrevocability, and reiterated that actions barred directly cannot be achieved indirectly. The plea was therefore rejected as outside the scope of Section 60(5).

 [Surender Kumar Singhal & Anr v. Anand Sonbhadra & Anr.]