264. Implementation of scheme.— (1) The Tribunal shall, for the purpose of effective
implementation of the scheme, have power to enforce, modify or terminate any contract or agreement or
any obligation pursuant to such agreement or contract entered into by the company with any other person.
(2) The Tribunal may, if it deems necessary or expedient so to do, by order in writing, authorise the
company administrator appointed under section 259 to implement a sanctioned scheme till its successful
implementation on such terms and conditions as may be specified in the order and may for that purpose
require him to file periodic reports on the implementation of the sanctioned scheme.
(3) Where the whole or substantial assets of the undertaking of the sick company are sold under a
sanctioned scheme, the sale proceeds shall be applied towards implementation of the scheme in such
manner as the Tribunal may direct:
Provided that debtors and creditors shall have the power to scrutinise and make an appeal for review
of the value before final order of fixing value.
(4) Where it is difficult to implement the scheme for any reason or the scheme fails due to non-
implementation of obligations under the scheme by the parties concerned, the company administrator
authorised to implement the scheme and where there is no such administrator, the company, the secured
creditors, or the transferee company in a case of amalgamation, may make an application before the
Tribunal for modification of the scheme or to declare the scheme as failed and that the company may be
wound up.
(5) The Tribunal shall, within thirty days of presentation of an application under sub-section (4), pass
an order for modification of the scheme or, as the case may be, declaring the scheme as failed and pass an
order for the winding up of the company if three-fourths in value of the secured creditors consent to the
modification of the scheme or winding up of the company.
(6) Where an application under sub-section (4) has been made before the Tribunal and such
application is pending before it, such application shall abate, if the secured creditors representing not less
than three-fourths in value of the amount outstanding against financial assistance disbursed to the sick
company have taken any measures to recover their secured debt under sub-section (4) of section 13 of the
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54
of 2002).
