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Supreme Court of India 2021-04-13 partly_allowed

Ghanashyam Mishra and Sons Private Limited through the Authorized Signatory vs Edelweiss Asset Reconstruction Company Limited through the Director & Ors

Bench: 3 — B.R. Gavai

In Brief

This landmark batch of cases addresses the binding nature of resolution plans approved under India's Insolvency and Bankruptcy Code. The Supreme Court held that once a resolution plan is approved by the Adjudicating Authority (NCLT), all claims not included in the plan—including statutory dues owed to governments and authorities—stand extinguished. The Court clarified that the 2019 amendment to Section 31, making this explicit for government dues, is declaratory and therefore applies retrospectively. All creditors, including Central and State governments, tax authorities, and local bodies, are bound by the approved plan. The Court affirmed that successful resolution applicants start with a clean slate and cannot face surprise claims post-approval. The decision emphasizes that the dominant purpose of the Code is corporate revival, which requires finality and certainty in approved resolution plans.

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Insolvency and Bankruptcy Law Corporate Insolvency Resolution Process Resolution Plan Approval Creditor Rights Statutory Dues Moratorium Corporate Guarantee Committee of Creditors Adjudicating Authority Finality of Resolution Plans Government Dues in Insolvency Judicial Review in Insolvency Retrospective Application of Amendments

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