Section 32A Clean Slate & Operational De-Attachment Shield
Extinguishes all pre-CIRP criminal prosecutions, ED/PMLA attachments, and legacy tax demands under the Supreme Court *Ghanshyam Mishra* and *Manish Kumar* doctrines. Packages ready-to-serve statutory notices for banks and revenue authorities to unfreeze operating assets on Day 1.
Guarantor Tracing & Liquidation Estate Realization
Trace promoter assets globally for Section 94/95 filings and quantify statutory priority carve-outs.
Personal Guarantor Net Worth & Global Asset Dossier
Maps promoter and personal guarantor assets across India, UAE, UK, and Singapore for personal insolvency filings under IBC Section 94/95. Traverses immovable properties, unlisted private shareholdings, CERSAI charges, and offshore trusts (*Lalit Kumar Jain doctrine*).
CERSAI Asset Encumbrance & Multi-Mortgage Radar
Cross-examines asset-based and debtor-based registrations on CERSAI against MCA Form CHG-1 filings. Detects conflicting equitable mortgages, unregistered charges, and fraudulent multi-bank hypothecations on plant, machinery, and land parcels.
EPFO & ESIC Labour Super-Priority Arrears Audit
Quantifies statutory provident fund and employee state insurance arrears that sit outside the Section 53 liquidation estate under the Supreme Court *Moser Baer (2023)* and *Jalan Fritsch (2024)* doctrines, calculating exact priority carve-outs before bank payouts.
Judicial Doctrine Matrix for Acquirer Liability Extinguishment
Binding Supreme Court precedents protecting the Successful Resolution Applicant.
| Legal Principle | Governing Precedent | Statutory Protection Scope | Operational Execution |
|---|---|---|---|
| Clean Slate Tax Extinguishment | *Ghanshyam Mishra & Sons (2021)* | All unsubmitted Income Tax, GST & Customs claims extinguished | Immediate cancellation of pre-CIRP tax assessment orders |
| PMLA & Criminal Immunity | *Manish Kumar v. UOI (2021)* | Attachment of debtor assets by ED lapses upon plan approval | De-freezing of corporate bank accounts and factory gates |
| Turnaround Director Protection | *M.K. Rajagopalan (2023)* | Directorship on target board without formal RoC debarment is valid | Protection from Section 29A(e) disqualification contagion |
| Super-Priority Labour Exclusion | *Moser Baer Karamchari Union (2023)* | Provident fund & pension dues stand outside liquidation estate | 100% priority settlement before secured financial lenders |
| Guarantor Liability Independent | *Lalit Kumar Jain v. UOI (2021)* | Resolution of corporate debtor does not discharge personal guarantor | Simultaneous Section 95 asset recovery against promoters |