Appellant's counter claim against the Corporate Debtor was held ...

Corporate debtor's counter claim held non-maintainable, claims not in resolution plan extinguished.

January 16, 2025

Case Laws IBC AT

Appellant's counter claim against the Corporate Debtor was held not maintainable within CIRP proceedings. Claims not included in the approved Resolution Plan stand extinguished. Section 60(5) of the IBC cannot be invoked to challenge extinguishment of claims post Resolution Plan approval, as it would delay proceedings and distort the Code's object. The time-bound CIRP process precludes entertaining claims outside the Resolution Plan's purview to avoid delays. The NCLAT dismissed the appeal, upholding the Adjudicating Authority's reliance on the Supreme Court's judgment in Adani Power Ltd. v. Shapoorji Pallonji & Co. Pvt. Ltd.

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Appellant's counter claim against the Corporate Debtor was held ...

Corporate debtor's counter claim held non-maintainable, claims not in resolution plan extinguished.

January 16, 2025

Case Laws IBC AT

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