CIRP - Principles of res-judicata - Once the order of the ...
Insolvency and Bankruptcy
August 29, 2022
CIRP - Principles of res-judicata - Once the order of the Adjudicating Authority attains finality on account of affirmation by the Hon’ble Apex Court in appeal, the same cannot be reopened. But the simple reason that the Appellants did not raise such issue and consequently, it is hit by the doctrine of constructive resjudicata, though the principle of resjudicata is a part of CPC, the doctrine is applicable to the proceedings in IBC. - AT
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