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Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
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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