Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
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Insolvency and BankruptcyJanuary 31, 2022Case LawsAT
Validity of Direction to place Settlement Proposal, sent by Respondent No. 1 before the CoC for its consideration - Considering the ratio of the Judgement of the Hon'ble Supreme Court in the case of Ebix Singapore, "there was no scope for negotiations between the parties once the CoC has approved the Resolution Plan. Thus, contractual principles and common law remedies, which do not find a rope in the wording or the intent of the IBC, cannot be imported in the intervening period between the acceptance of the CoC Approved Resolution Plan and the Approval by the Adjudicating Authority. - AT
Validity of Direction to place Settlement Proposal, sent by Respondent No. 1 before the CoC for its consideration - Considering the ratio of the Judgement of the Hon'ble Supreme Court in the case of Ebix Singapore, "there was no scope for negotiations between the parties once the CoC has approved the Resolution Plan. Thus, contractual principles and common law remedies, which do not find a rope in the wording or the intent of the IBC, cannot be imported in the intervening period between the acceptance of the CoC Approved Resolution Plan and the Approval by the Adjudicating Authority. - AT
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