Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Withdrawal of CIRP before constitution of the Committee of Creditors was held maintainable where Form FA was filed after admission, no public announcement had been made, and the interim resolution professional submitted the withdrawal application within the time prescribed by Regulation 30A. The Tribunal held that the procedure at this stage does not require notice to every creditor, and the absence of any objection before the Adjudicating Authority was material. Read with Section 12A, Regulation 30A permits withdrawal through the interim resolution professional before CoC constitution, and the impugned withdrawal order was upheld; the appeals were dismissed.
Withdrawal of CIRP before constitution of the Committee of Creditors was held maintainable where Form FA was filed after admission, no public announcement had been made, and the interim resolution professional submitted the withdrawal application within the time prescribed by Regulation 30A. The Tribunal held that the procedure at this stage does not require notice to every creditor, and the absence of any objection before the Adjudicating Authority was material. Read with Section 12A, Regulation 30A permits withdrawal through the interim resolution professional before CoC constitution, and the impugned withdrawal order was upheld; the appeals were dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
