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2021 (10) TMI 301 - Tri - Insolvency and BankruptcyInclusion of fresh claim in the Resolution Plan - the claims arising pre-CIRP - pre-existing liabilities of water charges as claim by the Respondent No. 1 in respect of water charges and service charges - claim towards differential premium and transfer charges - HELD THAT:- As per the settled law claims arising pre CIRP cannot be claimed by the creditor. In the recent Judgment of Ghanashyam Mishra and Sons Private Limited [2021 (4) TMI 613 - SUPREME COURT] the Hon’ble Apex Court laid down the law by giving rest to many legal issues and clarifying the legal position, under the Doctrine of “Clean Slate” that all claims against the Corporate Debtor prior to CIRP and after the transfer of the assets of the Corporate Debtor to the successful Resolution Applicant to be dealt with in terms of the Resolution Plan and if not forming part of such Resolution Plan shall extinguished. In the light of the above judgement of Hon’ble Supreme Court, the claim of water charges of ₹ 47,06,751/- being pre CIRP charges, the same is extinguished and stands cancelled. Hence the claim of ₹ 47,06,751/- is rejected - in view of the approval of Resolution Plan by way of order of the Tribunal on 14.10.2019 and change of constitution of taking over of the Corporate Debtor and 100% change in shareholding of the Corporate Debtor, the Applicant is required to pay the differential premium and transfer charges of ₹ 38,09,600/-. Application disposed off.
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