Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
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The NCLAT considered whether third-party cotton bales kept at a corporate debtor's premises formed part of the liquidation estate and whether it could decide related title and security disputes under the IBC. It held that the appeals had become infructuous because the liquidator had already excluded the cotton bales from the liquidation estate and SBI did not object, leaving no surviving relief to determine. It further held that questions of title, competing security interests, sale of the goods, deterioration, and consequential entitlements fell outside its IBC jurisdiction and had to be pursued before the appropriate forum, including the DRAT. The appellants retained a right of redemption and were left to work out their remedies elsewhere.
The NCLAT considered whether third-party cotton bales kept at a corporate debtor's premises formed part of the liquidation estate and whether it could decide related title and security disputes under the IBC. It held that the appeals had become infructuous because the liquidator had already excluded the cotton bales from the liquidation estate and SBI did not object, leaving no surviving relief to determine. It further held that questions of title, competing security interests, sale of the goods, deterioration, and consequential entitlements fell outside its IBC jurisdiction and had to be pursued before the appropriate forum, including the DRAT. The appellants retained a right of redemption and were left to work out their remedies elsewhere.
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