Finality Of Resolution Plans Under IBC And Pending Legal Proceedings
Live LawThe Supreme Court in its recent decision in Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Limited, has interpreted the binding nature of resolution plans on the various stakeholders of a corporate debtor and in Para 95 held as follows: " That once a resolution plan is duly approved by the Adjudicating Authority under sub section 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. The ruling would affect pending legal proceedings against the corporate debtor and would impact rights of contingent creditors who are not part of the resolution plan. The Supreme Court, after analysing prior pronouncements under the Code, viz., Committee of Creditors of Essar Steel India Limited v. Satish Kumar, and State Bank of India v. V. Ramakrishnan and by referring to the "Statement of Objects and Reasons" of the IBC Act, 2019, held that the amendment was clarificatory and declaratory and that all dues including statutory dues, which were not part of the resolution plan, stood extinguished, and that no proceedings could be initiated or continued in respect of such claims. Effect on pending proceedings The above ratio could affect the rights of parties whose claims have not attained finality in the following situations: A civil suit or an arbitration proceeding which is filed for a monetary claim or a right to such claim that arises as a consequence of breach of contract against the corporate debtor and which is pending when the resolution plan is approved by the adjudicating authority.