The National Company Law Appellate Tribunal, Principal Bench, ...

NCLAT upholds validity of CIRP against struck-off company. Settlement agreements don't absolve Corporate Debtor's liability.

Case Laws     Insolvency and Bankruptcy

May 24, 2024

The National Company Law Appellate Tribunal, Principal Bench, New Delhi, addressed the validity of the Corporate Insolvency Resolution Process (CIRP) against a struck-off company. The Tribunal found that the company's revival status in the Master Data of the Corporate Debtor and non-compliance with the Companies Act did not absolve it of financial liabilities. Late claims post-approval of the Resolution Plan were not accepted, as confirmed by the Tribunal. The impact of settlement agreements on the Corporate Debtor's liability was also discussed, with the Tribunal emphasizing the continued obligation of the Corporate Debtor to discharge its financial debt despite claims to the contrary. The Tribunal dismissed the appeal, upholding the order approving the Resolution Plan.

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