TMI BlogThe Appellate Tribunal dismissed the appeal, holding that the Adjudicating Authority rightly refused to...The Appellate Tribunal dismissed the appeal, holding that the Adjudicating Authority rightly refused to grant reliefs and concessions to the Appellant regarding extinguishment of claims and liabilities up to the date of e-auction sale of the Corporate Debtor as a 'going concern'. The reliefs and concessions granted were limited to the period prior to the date of CIRP commencement. Claims, known or unknown, disclosed or undisclosed, are to be dealt with as per Section 53 of the IBC up to the cut-off date, i.e., the date of commencement of liquidation, as per the e-auction Notice. Regulations 12 and 16 contemplate filing of claims as on the liquidation commencement date, and there can be no extinguishment of claims up to the date of e-auction..... ..... X X X X Extracts X X X X X X X X Extracts X X X X
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