The allocation in Resolution Plan to Creditors can be questioned when the plan value earmarked for them is less than the liquidation value, mere allocation of meagre amount cannot be a ground to question the resolution plan – Pani Logistics Through its sole proprietor, Kiran M. Jain Vs. Vikas G. Jain & Ors. – NCLAT New Delhi

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Unlike Section 14 of IBC (CIRP Moratorium), under Section 33(5) of IBC (Liquidation Moratorium) there is no absolute bar in a suit or legal proceedings continuing along with the Liquidation proceedings. Bar on the Civil Court u/s 63 and 231 of IBC would only be in respect of fresh suits – Elecon Engineering Company Ltd. Vs. Energo Engineering Projects Ltd. & Ors – Delhi High Court

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Once a Financial Creditor fails to file his claim before the CIRP, he is estopped from objecting the approval of the plan at a belated stage – Dewan Housing Finance Corporation Ltd Vs. Mr. Neehal Mahamulal Pathan (RP of Udaipur Entertainment World Pvt. Ltd & Anr.) – NCLT Mumbai Bench

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The Successful Resolution Applicant should release full provident fund dues in terms of the provisions of the Employee’s Provident Fund and Miscellaneous Provident Act, 1952 & PF dues are not the assets of the CD as amply made clear by the provisions of Section 36(4)(a)(iii) of the I& B Code, 2016 – Sikander Singh Jamuwal Vs. Vinay Talwar RP- NCLAT New Delhi

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Before filing a case under insolvency jurisdiction, creditor shall meet the criteria prescribed in the Code. When case does not fall within the ambit of IBC, it is always open to the creditor to proceed before Civil Court – Mr. Shyam Prakash Singh Proprietor of M/s. Maa Sharda Electronics System Vs. M/s. UM Green Lighting Private Limited – NCLT Principal Bench

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