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HC quashed FIR against corporate debtor (CD) in view of Section ...


Ex-management's pre-insolvency offenses pardoned post resolution plan approval under IBC Section 32A.

December 26, 2024

Case Laws     IBC     HC

HC quashed FIR against corporate debtor (CD) in view of Section 32A of IBC granting immunity from prosecution after approval of resolution plan. HC held once resolution plan is approved transferring control to new management unrelated to past offences, CD cannot be prosecuted for pre-CIRP offences. As FIR pertained to 2008-2017 period before CIRP commencement in 2019 and new management took over post-approval in 2023, CD is immune from prosecution u/s 32A. Petition allowed quashing FIR against CD.

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