IBC and PMLA

Ghanashyam Mishra v Edelweiss ARC

Finin2min IBC/PMLA guide for Ghanashyam Mishra v Edelweiss ARC: law source, paragraph decode, workflow, examples, Q&A, checklist and official links.

Supreme Court(2021) 9 SCC 657Case Citator

Finin2min Summary

Ghanashyam Mishra v Edelweiss ARC is a case-citator page for Ghanashyam Mishra and Sons Pvt. Ltd. v Edelweiss Asset Reconstruction Co. Ltd. (2021) 9 SCC 657, decided by the Supreme Court.
The issue is Resolution plan binding effect and extinguishment of claims. The working holding is: Once a resolution plan is approved, claims not forming part of the plan stand extinguished and the plan binds government and statutory authorities as well.
Use it for advisory and exam analysis only after checking the official judgment record and the event-date IBC provisions: section 31, statutory dues, extinguishment.

Bare Act / Law / Rules / Notifications

Page focus	Resolution plan binding effect and extinguishment of claims
Controlling source family	Ghanashyam Mishra and Sons Pvt. Ltd. v Edelweiss Asset Reconstruction Co. Ltd.
Authority	Supreme Court
Ghanashyam Mishra and Sons Pvt. Ltd. v Edelweiss Asset Reconstruction Co. Ltd.	Open official source (2021) 9 SCC 657
IBBI Act page	Open official source official IBBI source
IBBI Rules page	Open official source official IBBI source
IBBI Regulations page	Open official source official IBBI source

Read this page with the official source open, and fix the event date before using any Act, rule, regulation, circular, notification, form or judgment.

Section-wise / Para-wise Decode

Facts for Ghanashyam Mishra v Edelweiss ARC: Post-approval claims were asserted despite an approved resolution plan.
Ratio for Ghanashyam Mishra v Edelweiss ARC: Once a resolution plan is approved, claims not forming part of the plan stand extinguished and the plan binds government and statutory authorities as well.
Provision map for Ghanashyam Mishra v Edelweiss ARC: section 31, statutory dues, extinguishment should be tested against the application, order, claim or resolution-plan record.
Advisory use for Ghanashyam Mishra v Edelweiss ARC: identify the exact procedural stage before applying the case; section 7, section 9, plan approval, moratorium and liquidation cases do not answer the same question.
Exam use for Ghanashyam Mishra v Edelweiss ARC: state the forum, citation, issue, holding and the limited fact pattern in which the ratio operates.

Linked Rules, Notifications and Circulars

For Ghanashyam Mishra v Edelweiss ARC, check the primary source family: Ghanashyam Mishra and Sons Pvt. Ltd. v Edelweiss Asset Reconstruction Co. Ltd..
For IBC matters, cross-check IBBI Act, Rules, Regulations, Circulars and Notifications pages for later instruments affecting Resolution plan binding effect and extinguishment of claims.
For PMLA/FIU matters, cross-check ED PMLA material, FIU guidance, reporting obligations and the scheduled-offence trail for Resolution plan binding effect and extinguishment of claims.
For tribunal/court matters, reconcile the cited judgment or form with the procedural rule, limitation period and latest forum direction.

Workflow / Flow Chart

Step 1Identify the procedural stage in the problem.
Step 2Match facts to the cited IBC provision.
Step 3State the holding in one sentence.
Step 4Apply the holding to debt, default, dispute, limitation, plan or liquidation facts.
Step 5Check later statutory amendment and subsequent Supreme Court explanation.
Step 6Conclude with remedy, admission, rejection, plan effect or distribution consequence.

Practical Examples

A lender cites Ghanashyam Mishra v Edelweiss ARC in a section 7 note; the reviewer must first confirm debt, default, limitation and application completeness.
A corporate debtor relies on Ghanashyam Mishra v Edelweiss ARC; counsel should isolate the exact ratio and avoid stretching it beyond the procedural stage decided.
In an exam answer, Ghanashyam Mishra v Edelweiss ARC should be connected to section 31, statutory dues, extinguishment and then applied to the given facts.

Highlighted Points

Citation: (2021) 9 SCC 657.
Forum: Supreme Court.
Core issue: Resolution plan binding effect and extinguishment of claims.
Do not use the case as a generic insolvency quote; apply it to the matching IBC stage.

Exam and Advisory Case Studies

Exam case study for Ghanashyam Mishra v Edelweiss ARC: identify the legal source, issue, forum or authority, then state the trigger, evidence, time limit and consequence in that order.

Advisory case study for Ghanashyam Mishra v Edelweiss ARC: prepare a short note that cites the official source, maps facts to the operative rule, lists open evidence gaps and states the next filing, appeal, reporting or board action.

Q&A

What is the first check for Ghanashyam Mishra v Edelweiss ARC?

Open the official source for Ghanashyam Mishra and Sons Pvt. Ltd. v Edelweiss Asset Reconstruction Co. Ltd. and confirm that the event date, entity type and procedural stage match the page focus: Resolution plan binding effect and extinguishment of claims.

Can this page replace the statute, rule, regulation, circular or judgment?

No. It is a structured research and working guide; the official source remains controlling.

What evidence should be retained?

For Ghanashyam Mishra v Edelweiss ARC, retain petition, reply, impugned order, debt/default proof, claim records, resolution-plan record and certified copy of judgment and the acknowledgement, order, communication or filing trail applicable to the fact pattern.

When should this page be reviewed again?

Review after any statutory amendment, IBBI circular, tribunal or Supreme Court ruling, FIU guidance, ED action, portal change or case-specific order.

Working Checklist

Open and save the official source for Ghanashyam Mishra and Sons Pvt. Ltd. v Edelweiss Asset Reconstruction Co. Ltd..
Confirm that Ghanashyam Mishra v Edelweiss ARC applies to the entity, transaction, property, proceeding or filing stage.
For Ghanashyam Mishra v Edelweiss ARC, prepare the evidence pack: petition, reply, impugned order, debt/default proof, claim records, resolution-plan record and certified copy of judgment.
For Ghanashyam Mishra v Edelweiss ARC, check limitation, jurisdiction, fee, authority, service, appeal period and forum-specific directions before finalising the working file.
Record sign-off by the responsible professional, compliance owner, board committee, resolution professional, liquidator or reporting entity officer as applicable.

Primary Official Sources

Ghanashyam Mishra and Sons Pvt. Ltd. v Edelweiss Asset Reconstruction Co. Ltd.(2021) 9 SCC 657
IBBI Act pageofficial IBBI source
IBBI Rules pageofficial IBBI source
IBBI Regulations pageofficial IBBI source