Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
HC held that under IBC Sections 13, 30, and 31, where a creditor fails to lodge a claim with the Resolution Professional during corporate insolvency resolution process, their claim stands extinguished upon Resolution Plan approval. In this case, Respondent No.1's claim was not part of the Resolution Plan due to non-submission, consequently rendering the debt unenforceable. The court mandated release of bank guarantees to Appellant, placing an embargo on initiating or continuing any proceedings related to the extinguished claim. The Interim Application was allowed, definitively resolving the matter in favor of the Appellant.
HC held that under IBC Sections 13, 30, and 31, where a creditor fails to lodge a claim with the Resolution Professional during corporate insolvency resolution process, their claim stands extinguished upon Resolution Plan approval. In this case, Respondent No.1's claim was not part of the Resolution Plan due to non-submission, consequently rendering the debt unenforceable. The court mandated release of bank guarantees to Appellant, placing an embargo on initiating or continuing any proceedings related to the extinguished claim. The Interim Application was allowed, definitively resolving the matter in favor of the Appellant.
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