By Ashwarya Sharma, Advocate | Co-Founder & Legal Head, RB LawCorp In Kalyani Transco v. Bhushan Power & Steel Ltd., the Supreme Court quashed an already-approved resolution plan and ordered liquidation, invoking Article 142 of the Constitution. This marks a turning point in insolvency law enforcement. Key Highlights: Conclusion: This…
-
-
Doctrine of clean slate and extinguishment of claims under IBC vis-à-vis the power of the sovereign to levy taxes
Recently, the Andhra Pradesh High Court in Patanjali Foods Limited v. Assistant Commissioner ST FAC and Others (Writ Petition No: 28529/2023 and Writ Petition No: 4944/2024) pronounced a significant judgement having far reaching impact on rights of a successful resolution applicant under the Insolvency and Bankruptcy Code, 2016 (‘IBC’) vis-à-vis the power of the sovereign to…