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Section 238 of the Insolvency and Bankruptcy Code gives the Code overriding effect over the Electricity Act, 2003, despite non-obstante clauses in that Act. An approved resolution plan extinguishes the corporate debtor's liabilities and pending debt-related proceedings arising before commencement of the corporate insolvency resolution process. Pre-CIRP demands for Parallel Operation Charges consequently stand extinguished where they fall within liabilities resolved under the approved plan, and the related appellate determination was sustained.
Section 238 of the Insolvency and Bankruptcy Code gives the Code overriding effect over the Electricity Act, 2003, despite non-obstante clauses in that Act. An approved resolution plan extinguishes the corporate debtor's liabilities and pending debt-related proceedings arising before commencement of the corporate insolvency resolution process. Pre-CIRP demands for Parallel Operation Charges consequently stand extinguished where they fall within liabilities resolved under the approved plan, and the related appellate determination was sustained.
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