Clean Slate Doctrine under IBC
By J the App
Executive Summary
The Supreme Court in Ujaas Energy Ltd. v. WBPDCL settles a critical intersection between insolvency finality and arbitral justice.
While reaffirming that all claims not part of an approved resolution plan stand extinguished, the Court carves out a narrow but powerful exception, permitting set-off as a defence.
The judgment ensures that while the “clean slate” principle remains intact, it does not operate as an instrument of inequity by forcing a party to pay without accounting for reciprocal dues.
This is a calibrated balance between commercial certainty and adjudicatory fairness.
The present civil appeal arose from a judgment of the Calcutta High Court (Division Bench), which had permitted continuation of arbitral proceedings including a counterclai...
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