(1) The committee of creditors may, at any time during the pre-packaged insolvency resolution process, by a vote of not less than sixty-six per cent. of the voting shares, resolve to vest the management of the corporate debtor with the resolution professional, if—
- the corporate debtor or any of its personnel has indulged in any of the following acts, namely:—
- concealment or diversion of assets of the corporate debtor;
- fraudulent activities in relation to the corporate debtor; or
- gross mismanagement of the affairs of the corporate debtor;
- the affairs of the corporate debtor are being conducted in a manner that is likely to cause losses to the creditors of the corporate debtor.
(2) Where the committee of creditors passes a resolution under sub-section (1), the resolution professional shall make an application to the Adjudicating Authority for an appropriate order.
(3) On receipt of an application under sub-section (2), if the Adjudicating Authority is satisfied that the grounds specified in sub-section (1) exist, it may, by an order, vest the management of the corporate debtor with the resolution professional.
(4) Upon the order of the Adjudicating Authority under sub-section (3), the provisions of sections 17, 18, 19 and 20 shall, mutatis mutandis, apply.