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Damodar Valley Corporation vs Mackeil Ispat & Forging Limited And Anr on 6 February, 2025 cites

Ghanashyam Mishra And Sons Private ... vs Edelweiss Asset Reconstruction ... on 13 April, 2021

26. The submission of the Appellant that Respondent is estopped from raising the issue that no amount was liable to be paid by the Respondent pertaining to pre-CIRP period after having entered into Agreement and after having paid the amount cannot be accepted. Appellant which is a statutory authority distributing the electricity supply cannot benefit from its own wrong. The law laid down by the Hon'ble Supreme Court in 'Ghanshyam Mishra & Sons Pvt. Ltd.' (Supra) that all claims stand extinguished by approval of the Resolution Plan is binding on the Appellant and it can neither act or take any stand contrary to the law declared by the Hon'ble Supreme Court. Any amount demanded by the Appellant prior to pre-CIRP period was clearly illegal and contrary to the law laid down by the Hon'ble Supreme Court Comp. App. (AT) (Ins.) No. 1663 of 2023 20 of 22 and any such amount which has been obtained by the Appellant from the Respondent cannot be allowed to be retained by the Appellant.
Supreme Court of India Cites 110 - Cited by 360 - B R Gavai - Full Document

Damodar Valley Corporation vs Kharkia Steels Pvt Ltd & Ors on 15 March, 2022

23. The law is well settled that by approval of the Resolution Plan, all dues and claims of pre-CIRP stand extinguished. In the present case, the DVC has filed its claim in the CIRP of ₹2,32,13,387/- for which an amount of ₹4,64,003/- was allocated for the Resolution Plan. Judgment of this Tribunal relied by the Respondent in the matter of 'Damodar Valley Corporation' Vs. 'Kharkia Steels Pvt. Ltd. & Ors.' reported in (2022) SCC OnLine NCLAT 2282, as well as the Judgment of the Hon'ble Supreme Court in 'Paschimanchal Vidyut Vitran Nigam Ltd.' Vs. 'Raman Ispat Pvt. Ltd. & Ors.' reported in (2023) 10 SCC 60 as well as the Judgment of the Hon'ble Supreme Court in 'Ghanshyam Mishra & Sons Pvt. Ltd.' (Supra) clearly lays down that all claims after approval of the Plan stands extinguished.
National Company Law Appellate Tribunal Cites 13 - Cited by 5 - Full Document

Paschimanchal Vidyut Vitran Nigam Ltd vs Raman Ispat Pvt. Ltd. & Ors on 15 May, 2019

23. The law is well settled that by approval of the Resolution Plan, all dues and claims of pre-CIRP stand extinguished. In the present case, the DVC has filed its claim in the CIRP of ₹2,32,13,387/- for which an amount of ₹4,64,003/- was allocated for the Resolution Plan. Judgment of this Tribunal relied by the Respondent in the matter of 'Damodar Valley Corporation' Vs. 'Kharkia Steels Pvt. Ltd. & Ors.' reported in (2022) SCC OnLine NCLAT 2282, as well as the Judgment of the Hon'ble Supreme Court in 'Paschimanchal Vidyut Vitran Nigam Ltd.' Vs. 'Raman Ispat Pvt. Ltd. & Ors.' reported in (2023) 10 SCC 60 as well as the Judgment of the Hon'ble Supreme Court in 'Ghanshyam Mishra & Sons Pvt. Ltd.' (Supra) clearly lays down that all claims after approval of the Plan stands extinguished.
National Company Law Appellate Tribunal Cites 21 - Cited by 7 - Full Document
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