Delhi High CourtInsolvency and Bankruptcy LawCommercial and Corporate Law

Resolution Plan Approved Under Section 31(1) IBC Extinguishes All Pre-approval Claims and Contractual Dues.

Technopak Advisors Pvt. Ltd.v.Nabard Consultancy Services Private Limited & Anr.

Resolution Plan Approved Under Section 31(1) IBC Extinguishes All Pre-approval Claims and Contractual Dues.. Technopak Advisors Pvt. Ltd. vs Nabard Consultancy Services Private Limited & Anr.. Delhi High Court. LawLens
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In brief

The question

1. Whether Respondents can initiate or continue recovery of a claim arising prior to the approval of a resolution plan under the IBC

The court held

The court held that once a resolution plan is approved and attains finality, all pre-existing liabilities of the corporate debtor stand conclusively determined

It also directed

The court allowed the petition and set aside the recovery communications dated 03.08.2023 and 04.08.2023

The court concluded that respondents cannot resurrect claims through collateral proceedings for a period prior to the approval of the resolution plan

01Facts

The Petitioner was sanctioned projects by Respondent No. 2 through Respondent No. 1 in 2010, with funds released in 2015

¶ 2

In 2019, Corporate Insolvency Resolution Process (CIRP) was initiated against the Petitioner before the NCLT. A resolution plan was approved by the Committee of Creditors on 16.10.2020 and subsequently by the NCLT on 08.02.2021 under Section 31(1) of the Insolvency and Bankruptcy Code (IBC)

¶ 3

In August 2023, the Respondents initiated recovery proceedings for Rs. 2,46,78,328/- regarding dues from the pre-resolution plan period

¶ 1

The Respondents argued that the "clean-slate doctrine" did not apply because the successful resolution applicant was an existing promoter, and the Petitioner had suppressed the CIRP proceedings from them

¶ 5-6

02Issues

i.1. Whether Respondents can initiate or continue recovery of a claim arising prior to the approval of a resolution plan under the IBC

¶ 4

ii.2. Whether the "clean-slate doctrine" applies when the successful resolution applicant is an existing promoter/director of the Corporate Debtor rather than a third party

¶ 5

iii.3. Whether the lack of direct notice to creditors regarding CIRP proceedings (beyond public announcement) justifies the revival of pre-resolution claims

¶ 11

03Law Applied

Section 31(1) of the IBC, which mandates that an approved resolution plan is binding on all stakeholders

¶ 8

Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Co. Ltd., establishing that all claims not included in the resolution plan stand extinguished on the date of approval

¶ 8

MBL Infrastructure Ltd. v. Pradeep Colonisers and Suppliers Pvt. Ltd., which holds that the doctrine attaches to the juristic entity of the corporate debtor regardless of the identity of the resolution applicant

¶ 10

RPS Infrastructure Ltd. v. Mukul Kumar regarding Section 15 of the IBC, confirming that public announcements constitute deemed knowledge for commercial entities

¶ 11

Provisions in the judgment · 3 · Linked ones open on LawLens

Insolvency and Bankruptcy Code, 2016. Section 13Section 15Section 31

04Reasoning

The court rejected the Respondents' attempt to distinguish Ghanashyam Mishra on facts, noting that Section 31(1) of the IBC does not differentiate between statutory and contractual dues; both are extinguished if not part of the plan

¶ 9

Regarding the Respondents' challenge to the Petitioner's bona fides due to the successful applicant being a promoter, the court observed that the IBC focuses on the continuity of the corporate personality and institutional integrity, not the identity of the management

¶ 10

The court emphasized that the "clean-slate doctrine" is a statutory mandate under Section 31, not merely a rule of commercial fairness for third parties

¶ 10

Furthermore, the court dismissed the argument regarding the lack of direct communication, ruling that under Section 15 of the IBC, the statutory public announcement through newspapers constitutes "deemed knowledge," and a commercial entity cannot plead ignorance of CIRP proceedings to revive extinguished claims

¶ 11

05Holding

The court held that once a resolution plan is approved and attains finality, all pre-existing liabilities of the corporate debtor stand conclusively determined

¶ 10

The court allowed the petition and set aside the recovery communications dated 03.08.2023 and 04.08.2023

¶ 13

The court concluded that respondents cannot resurrect claims through collateral proceedings for a period prior to the approval of the resolution plan

¶ 13
Delhi High Court

Original Court PDF

Technopak Advisors Pvt. Ltd.vsNabard Consultancy Services Private Limited & Anr.

Delhi High Court · May 06, 2026

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