#Going Concern Sale

The NCLAT ruled that Section 32A immunity applies to purchasers acquiring a corporate debtor as a going concern during liquidation, extending clean slate protection to the period between the liquidation order and the sale certificate. This shields buyers from pre-existing liabilities and aligns liquidation sales with resolution plan safeguards.

The NCLAT ruled that the Adjudicating Authority possesses residuary jurisdiction under Section 60(5)(c) of the IBC to issue consequential directions necessary for implementing a going concern sale during liquidation. The tribunal extended the 'clean slate' doctrine - typically applied in resolution plans - to liquidation proceedings, ensuring that a successful auction purchaser receives the corporate debtor's assets free from encumbrances. This decision clarifies the AA's powers to facilitate liquidation sales and protects buyers from legacy claims, impacting liquidators, successful bidders, and secured creditors.