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Approval of a corporate debtor's resolution plan was held not to...

Corporate debtor resolution plan and "unsustainable debt": third-party promoter/surety security liability continues; creditor rights preserved, appeal dismissed

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IBC January 7, 2026 Case Laws SC
Approval of a corporate debtor's resolution plan was held not to ipso facto discharge a third-party security provider/surety from contractual liability. The plan expressly preserved financial creditors' rights against third parties, including existing promoters/security providers, in respect of the "unsustainable debt," while stipulating that any claim by such third parties against the corporate debtor or resolution applicant arising from invocation/enforcement of the security would be settled at NIL value. On this construction, the plan did not extinguish the entire debt so as to bar creditor claims against the third-party security provider. The appeal was dismissed. - SC

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Acts Income Tax