A resolution plan was approved for the petitioner on 26.03.2021 ...

Approved resolution plan extinguishes pre-approval statutory dues not included, staying demand for such period.

Case Laws IBC

November 16, 2024

A resolution plan was approved for the petitioner on 26.03.2021 under the Insolvency and Bankruptcy Code (IBC). The Municipal Corporation of Delhi (MCD) demanded property tax from the petitioner for the period prior to the approval date. The court relied on Ghanashyam Mishra case, which held that upon approval of a resolution plan, all statutory dues owed to government authorities prior to the approval date stand extinguished if not included in the plan. MCD did not lodge its claim during the corporate insolvency resolution process (CIRP). Consequently, MCD cannot demand property tax dues prior to 26.03.2021. The Rainbow Papers case is distinguished as the statutory authority there had lodged its claim during CIRP. An interim stay was granted on MCD's demand for pre-approval period, while directing the petitioner to pay property tax after 26.03.2021. The matter was listed for further hearing.

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A resolution plan was approved for the petitioner on 26.03.2021 ...

Approved resolution plan extinguishes pre-approval statutory dues not included, staying demand for such period.

Case Laws IBC

November 16, 2024

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