Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Approval of a resolution plan under the IBC extinguishes claims not included in the plan, including statutory dues, and the successful resolution applicant acquires the corporate debtor on a clean slate. Applying that principle, the Court found that demand and recovery notices based on liabilities arising before approval of the resolution plan could not be enforced after approval. The impugned notices, being outside the plan, were unsustainable insofar as they sought to recover pre-resolution dues and were set aside.
Approval of a resolution plan under the IBC extinguishes claims not included in the plan, including statutory dues, and the successful resolution applicant acquires the corporate debtor on a clean slate. Applying that principle, the Court found that demand and recovery notices based on liabilities arising before approval of the resolution plan could not be enforced after approval. The impugned notices, being outside the plan, were unsustainable insofar as they sought to recover pre-resolution dues and were set aside.
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