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    <title>2026 (4) TMI 1836 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>Surplus cash flow generated during CIRP did not vest in the successful resolution applicant because the resolution plan did not expressly transfer that surplus and the cited vesting, going-concern and claim-extinguishment clauses did not cover it. In the absence of a specific plan provision, the surplus retained its character as CIRP-period value and remained part of the insolvency estate. The adjudicating authority was therefore justified in directing distribution under the statutory waterfall mechanism, and that direction was not treated as a modification of the approved resolution plan.</description>
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      <link>https://www.taxtmi.com/caselaws?id=790767</link>
      <description>Surplus cash flow generated during CIRP did not vest in the successful resolution applicant because the resolution plan did not expressly transfer that surplus and the cited vesting, going-concern and claim-extinguishment clauses did not cover it. In the absence of a specific plan provision, the surplus retained its character as CIRP-period value and remained part of the insolvency estate. The adjudicating authority was therefore justified in directing distribution under the statutory waterfall mechanism, and that direction was not treated as a modification of the approved resolution plan.</description>
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