Bright Consultants LLP is facing temporary financial difficulties and proposes a compromise with its unsecured creditors for payment of 70% of the…

CA Intermediate · Corporate and Other Laws · RTP · May 2026
Bright Consultants LLP is facing temporary financial difficulties and proposes a compromise with its unsecured creditors for payment of 70% of the outstanding dues in full settlement. An application is made before the Tribunal by one of the partners of the LLP seeking directions to convene a meeting of creditors. The Tribunal orders the meeting to be held. At the meeting, creditors representing 75% in value of the total outstanding debt vote in favour of the proposed compromise. The LLP thereafter approaches the Tribunal for sanction of the scheme. However: 1. The LLP fails to disclose in its application that an investigation proceeding is pending against it under the Limited Liability Partnership Act, 2008. 2. After obtaining the Tribunal's sanction order, the LLP does not file the order with the Registrar within 30 days. A dissenting creditor challenges the validity of the compromise on these grounds. Examine as per the provisions of the Limited Liability Partnership Act, 2008: (b) Whether the compromise becomes effective and binding if the Tribunal's order is not filed with the Registrar within the prescribed time?

Suggested Answer and Working Notes:

The objection raised by the dissenting creditor is legally sustainable. Thus, the Tribunal cannot sanction the compromise without disclosure of all material facts, including pending investigations. In this case, the LLP failed to file the order within 30 days. Accordingly, even if the Tribunal sanctions the compromise, it will not become effective or binding until the order is duly filed with the Registrar. The compromise does not take effect unless the Tribunal's order is filed with the Registrar within 30 days.

Topics: The Limited Liability Partnership Act, 2008

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