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2020 (3) TMI 763 - HC - Insolvency and BankruptcyContinuation of prosecution proceedings after approval of resolution plan against the company - Corporate Insolvency Resolution Process (CIRP) - Section 32A of the IBC - HELD THAT:- A Corporate Debtor would not be liable for any offence committed prior to commencement of the CIRP and the corporate debtor would not be prosecuted if a resolution plan has been approved by the Adjudicating Authority - In the present case, there is no dispute that a resolution plan has been approved by the Adjudicating Authority (NCLT) and in the circumstances, there is much merit in the contention that the petitioner cannot be prosecuted and is liable to be discharged. The impugned order dated 16.08.2019 and the impugned summons dated 21.08.2019, are set aside - Petition allowed.
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