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Case Law Details

Case Name : State Bank of India Vs Rohit Ferro Tech Limited (NCLT Kolkata)
Appeal Number : I.A. (IB) No. 456/KB/2022
Date of Judgement/Order : 22/06/2022
Related Assessment Year :
Courts : NCLT
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State Bank of India Vs Rohit Ferro Tech Limited (NCLT Kolkata)

Once a resolution plan is duly approved by the Adjudicating Authority Under Sub-section (1) of Section 31, the claims as provided in the resolution plan shall stand frozen and will 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 will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan.

Considering the abovementioned judgment, and in view of the admitted position the applicant did not approach this Adjudicating Authority when the Resolution Plan was under consideration and had come before this Adjudicating Authority after the approval of the plan, this Adjudicating Authority is of the opinion that he has no right to file any application or seek any relief at this stage.

FULL TEXT OF THE NCLT DELHI ORDER

1. The Court convened through physically/video conference.

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