Insolvency and Bankruptcy Code, 2016
s. 31 – Approval of resolution plan – Corporate Insolvency
Resolution Process – Resolution plan – Extent and scope of, after
approval – Held: Once a resolution plan is duly approved by the
Adjudicating Authority under sub-section (1) of s. 31, the claims as
provided in the resolution plan shall stand frozen and would be
binding on the Corporate Debtor and its employees, members,
creditors, including the Central Government, any State Government
or any local authority, guarantors and other stakeholders – On the
date of approval of resolution plan by the Adjudicating Authority,
all such claims, which are not a part of resolution plan, shall stand
extinguished and no person would be entitled to initiate or continue
any proceedings in respect to a claim, which is not part of the
resolution plan – Dominant purposes of the I&B Code is, revival of
the Corporate Debtor and to make it a running concern – Legislative
intent behind this is, to freeze all the claims so that the resolution
applicant starts on a clean slate and is not flung with any surprise
claims – Insolvency and Bankruptcy board of India (Insolvency
Resolution Process for Corporate Persons) Regulations, 2016 – rr.
13 and 14.
s. 31 – Amendment to s. 31 by s. 7 of Act 26 of 2019 – Nature
of, clarificatory/declaratory or substantive in nature – Held: 2019
Amendment to s. 31 of the Code is clarificatory and declaratory in
nature and thus, would be effective from the date on which I&B
Code came into effect.s. 31 – Approval of resolution plan by the Adjudicating
Authority – Entitlement of creditor including the Central Government, State Government or any local authority, to initiate any proceedings
for recovery of any of the dues from the Corporate Debtor, which
are not a part of the Resolution Plan approved by the adjudicating
authority – Held: All the dues including the statutory dues owed to
the Central Government, any State Government or any local
authority, if not part of the resolution plan, shall stand extinguished
and no proceedings in respect of such dues for the period prior to
the date on which the Adjudicating Authority grants its approval u/
s. 31 could be continued.