Since no provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 is in conflict with any of the provisions of the IBC, the applicability of even Section 238 of the IBC does not arise – Employees Provident Fund Organisation Vs. Sh. Nipan Bansal RP – NCLT Chandigarh Bench

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Having chosen not to realize security, a secured creditor is not entitled to lay an exclusive claim over the proceeds realised from the sale of the assets of the company by the Official Liquidator under the control of the Company Court – Export Import Bank of India Vs. GOL Offshore Ltd. – Bombay High Court

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Secured creditor will get rights to enforce Section 13(4) only after completion of 60 days from the date of Notice issued under Section 13(2) of SARFAESI Act, 2002 – A.T. Maideen Vs. The Authorised Officer cum Chief Manager, Union Bank of India – DRAT Chennai Bench

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For the period covered by the Resolution Plan, Income Tax Department cannot carry out any scrutiny or assessment in respect of the Corporate Debtor regarding carry forward of losses and set off against future profits under Income Tax Act, 1961 – The Sirpur Paper Mills Ltd. & Another Vs. Union of India & Two Others – Telangana High Court

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When a CIRP withdrawal application is filed u/s 12A prior to constitution of Committee of Creditors, the requirement of 90% vote of CoC is not applicable – M/s. Ashish Ispat Pvt. Ltd Vs. Primuss Pipes & Tubes Ltd. through its RP of Mr. Nitin Jain – NCLAT New Delhi

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