# In the matter of Union of India & Anr. vs. Ramswarup Lohha Udyog & Ors.

> HC judgment dated 2024-05-21. Citation: TCN-2024-HC-00091. The case involves a suit (CS/232/2015) where the Union of India & Anr. are the plaintiffs and M/S…

- **Court:** HC
- **Order date:** 21 May 2024
- **Citation:** TCN-2024-HC-00091
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/union-of-india-anr-vs-ramswarup-lohha-udyog-ors-d09fc7c7

## Summary

### Background

The case involves a suit (CS/232/2015) where the Union of India & Anr. are the plaintiffs and M/S Ramswarup Lohh Udyog & Ors. are the defendants. GA 2 of 2024 was filed by the authorized representative of Defendant No. 5. Defendant No. 1 merged with Defendant No. 5 in 2008. Corporate Insolvency Resolution Process was initiated for Defendant No. 5, and a resolution plan was approved by the NCLT, Kolkata Branch. The NCLT directed the parties to implement the approved resolution plan. The counsel for the petitioner argued that after the insolvency proceeding is over and the resolution plan is duly approved, the corporate entity starts with a clean slate.

## Facts

The Union of India & Anr. filed a suit (CS/232/2015) against M/S Ramswarup Lohh Udyog & Ors. Defendant No. 1 merged with Defendant No. 5 in 2008. Defendant No. 5's operation was shut down for more than fourteen years. Corporate Insolvency Resolution Process was initiated against Defendant No. 5 under the Insolvency and Bankruptcy Code, 2016. The resolution plan was approved by the NCLT, Kolkata Branch. The NCLT directed the parties to implement the approved resolution plan. The authorized representative of Defendant No. 5 filed GA 2 of 2024. The counsel for the petitioner argued that after the insolvency proceeding is over and the resolution plan is duly approved, the corporate entity starts with a clean slate. The Learned Counsel for the Plaintiff submitted

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## Issues and analysis

### Issue 1: Whether the claim of the Union of India against Defendant No. 5 subsists after the merger of …

**Ratio:** Once an insolvency proceeding is over and a resolution plan is approved, the corporate

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**Reasoning:** The court reasoned that the approval of the resolution plan under the Insolvency and

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**Interpretation:** The interpretation is that the approval of a resolution plan under the IBC

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**Application:** The court applied the ratio to the facts of the case, noting that the

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## Parties

- **Judges:** SUGATO MA…
- **Appellants:** Union of…
- **Respondents:** M/S RAMSWARUP…

## Timeline

- **2008-01-01 — Merger…**: Defendant No. 1 merged with…
- **2016-01-01 — Insolvency Re…**: Corporate Insolvency Resolution Process was initiated against Defendant No. 5 under the…

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