(1) Secured creditors shall be entitled to participate and vote in the meetings of the creditors.
(2) A secured creditor participating in the meetings of the creditors and voting in relation to the repayment plan shall forfeit his right to enforce the security during the period of the repayment plan in accordance with the terms of the repayment plan.
(3) Where a secured creditor does not forfeit his right to enforce security, he shall submit an affidavit to the resolution professional at the meeting of the creditors stating-
(a) that the right to vote exercised by the secured creditor is only in respect of the unsecured part of the debt; and
(b) the estimated value of the unsecured part of the debt.
(4) In case a secured creditor participates in the voting on the repayment plan by submitting an affidavit under sub-section (3) , the secured and unsecured parts of the debt shall be treated as separate debts.
(5) The concurrence of the secured creditor shall be obtained if he does not participate in the voting on repayment plan but provision of the repayment plan affects his right to enforce security.
Explanation.-For the purposes of this section, "period of the repayment plan" means the period from the date of the order passed under section 114 till the date on which the notice is given by the resolution professional under section 117 or report submitted by the resolution professional under section 118, as the case may be.
Insolvency and Bankruptcy Code 2016
Section 102 Public notice and claims from creditors
Section 103 Registering of claims by creditors
Section 104 Preparation of list of creditors
Section 106 Report of resolution professional on repayment plan
Section 107 Summoning of meeting of creditors
Section 108 Conduct of meeting of creditors
Section 109 Voting rights in meeting of creditors
Section 110 Rights of secured creditors in relation to repayment plan