Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Once a resolution plan is approved under the IBC, only claims included in that plan survive; all other pre-CIRP claims stand extinguished by operation of law. That principle applies to contractual claims arising before commencement of CIRP, which must be lodged in the insolvency process rather than pursued separately. On that basis, post-approval arbitration over claims not forming part of the approved plan is without jurisdiction, and any award on such extinguished claims is unsustainable. The text notes that the award was set aside because the respondent's pre-CIRP arbitral claims were not shown to be part of the approved resolution plan.
Once a resolution plan is approved under the IBC, only claims included in that plan survive; all other pre-CIRP claims stand extinguished by operation of law. That principle applies to contractual claims arising before commencement of CIRP, which must be lodged in the insolvency process rather than pursued separately. On that basis, post-approval arbitration over claims not forming part of the approved plan is without jurisdiction, and any award on such extinguished claims is unsustainable. The text notes that the award was set aside because the respondent's pre-CIRP arbitral claims were not shown to be part of the approved resolution plan.
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