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2024 (2) TMI 261 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIApproval of Resolution Plan - Fresh claim based on Foreign Judgement - Allegation that the order is a non-speaking one - Section 44A of Civil Procedure Code, 1908 - It is represented on behalf of the Appellant that the I&B Code, 2016 does not impose ‘any bar’ upon this ‘Tribunal’, to take cognizance of a ‘Foreign Judgement’. HELD THAT:- In so far as the instant Appeal is concerned, this Tribunal pertinently points out that Section 60(5) of the I&B Code, 2016 concerns with the ‘Applications against a Corporate Debtor’ undergoing ‘CIRP’ or claims against such ‘Corporate Debtor’, undergoing ‘CIRP’. Also that the ‘Adjudicating Authority/Tribunal’ is enjoined with the ‘power to determine any question of ‘Law or Fact’ arising out of in, or in relation to the ‘Insolvency Resolution or Liquidation Proceedings’ of the Corporate Debtor, or Corporate Person under this Code’ - It cannot be disputed that the Company was long out of the Insolvency and CIRP of the Company stood completed upon passing of the Plan Approval Order. Suffice it for this ‘Tribunal’ to point out that the Approved Resolution Plan stood implemented as on date. This ‘Tribunal’ in a crystalline manner points out that all such ‘claims’ which were not a part of the ‘Resolution Plan’ stood extinguished, on the date of ‘Approval of Resolution Plan’ and further no individual, is permitted to initiate or continue any ‘proceedings’, in regard to a ‘claim’, which was not part of the ‘Resolution Plan’. Appeal dismissed.
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