In a concept of merger amalgamation under section 230/232 of Co. Act 2013 we had studied a concept that even after merger or amalgamation of the company,old suits against the transferor company shall continue after merger or amalgamation.....so if we connect that concept with CIRP and some creditors do not make claim during CIRP can they file suit for claim after the company is acquired by some other company?

If a company undergoes CIRP and is later acquired by another entity under an approved resolution plan, then any creditor who did not submit a claim during the CIRP cannot file or continue a suit afterwards. Creditors who fail to file their claims during CIRP lose their right to pursue those claims later, even after the company is acquired. The claim stands extinguished once the plan is approved by NCLT under Section 31 of IBC, even if the company is later merged or taken over. This is different from a merger under Section 230–232, where old suits continue against the new company. Read the case law, Ghanashyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Co. Ltd.

Answer given by Shubhamm Sir at 10-Oct-2025 10:45 PM

Charul malhotra ( Chamba )

CIRP