Resolution Professional not allowed to pay pre-CIRP dues outside resolution framework: NCLAT Delhi

Avil Menezes Vs Ministry of Coal (NCLAT Delhi)

NCLAT Delhi held that payment of pre-CIRP dues to creditors cannot be made by Resolution Professional (RP) outside the resolution framework. Thus, no proceedings can be instituted against Corporate Debtor during CIRP to recover Annual Mine Closure Cost (AMCC) deposit which belonged to pre-CIRP period.

Facts- The present appeal filed u/s. 61 of Insolvency and Bankruptcy Code 2016 by the Appellant arises out of the Order dated 06.02.2024 passed by the Adjudicating Authority. The Appellant had filed appeal seeking

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