This update examines the issues in the application filed by Sirpur Paper Mills (“Petitioner”) under Section 34 of the Arbitration and Conciliation Act, 1996 before a Single Judge of High Court at Calcutta against an arbitral award dated 7 July 2008 passed in an arbitration between I.K. Merchants Private Limited and the Petitioner. The Update presents an analysis of the judgements that were passed, which re-emphasised that pre-existing and undecided claims which have not featured in collation of claims and consequent consideration by a Resolution Professional shall be treated as extinguished upon approval of Resolution Plan under Section 31 of IBC.
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