Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Approval of a resolution plan under Section 31(1) of the IBC renders the plan binding and extinguishes claims not included in it, so an unresolved counterclaim cannot be pursued for affirmative relief after CIRP. However, reading paragraph 12.4.1 of the plan, the Court found no express or implied bar on a defensive plea of set-off, applying expressio unius est exclusio alterius to reject a broader exclusion. The respondent may therefore rely on set-off only to reduce or defeat the appellant's claim, without any positive recovery or surplus amount, and the ruling is confined to the wording of the plan and the facts stated.
Approval of a resolution plan under Section 31(1) of the IBC renders the plan binding and extinguishes claims not included in it, so an unresolved counterclaim cannot be pursued for affirmative relief after CIRP. However, reading paragraph 12.4.1 of the plan, the Court found no express or implied bar on a defensive plea of set-off, applying expressio unius est exclusio alterius to reject a broader exclusion. The respondent may therefore rely on set-off only to reduce or defeat the appellant's claim, without any positive recovery or surplus amount, and the ruling is confined to the wording of the plan and the facts stated.
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