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    <title>2019 (4) TMI 253 - BOMBAY HIGH COURT</title>
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    <description>A pending civil recovery suit by an operational creditor was not extinguished by completion of the corporate insolvency resolution process where the approved resolution plan itself identified the claim as sub judice. The Insolvency and Bankruptcy Code moratorium under section 14 operated only during the insolvency period and ceased on approval of the resolution plan under section 31. Because the plan and its annexures preserved the creditor&#039;s claim and provided an operational creditors settlement amount, the suit remained necessary to determine the crystallized sum payable from the earmarked fund. Sections 63 and 238 were therefore not treated as defeating the preserved claim, and the suit was held maintainable.</description>
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    <pubDate>Thu, 28 Mar 2019 00:00:00 +0530</pubDate>
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      <title>2019 (4) TMI 253 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=377809</link>
      <description>A pending civil recovery suit by an operational creditor was not extinguished by completion of the corporate insolvency resolution process where the approved resolution plan itself identified the claim as sub judice. The Insolvency and Bankruptcy Code moratorium under section 14 operated only during the insolvency period and ceased on approval of the resolution plan under section 31. Because the plan and its annexures preserved the creditor&#039;s claim and provided an operational creditors settlement amount, the suit remained necessary to determine the crystallized sum payable from the earmarked fund. Sections 63 and 238 were therefore not treated as defeating the preserved claim, and the suit was held maintainable.</description>
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      <pubDate>Thu, 28 Mar 2019 00:00:00 +0530</pubDate>
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