Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
A renewed challenge to the implementation of an approved resolution plan was barred by res judicata and constructive res judicata because the same issues had already been raised in earlier proceedings, the plan approval had attained finality, and prior appeals had failed. The NCLAT held that the appellant could not reopen its status or quantum of dues as a secured operational creditor by filing another appeal against the same common order, and its refusal to accept the plan amount was obstructing completion of the insolvency process. It also held that an approved resolution plan must be implemented unconditionally, so post-approval liabilities cannot be added or made contingent on further clarifications. The appeal and interlocutory application were dismissed, with directions for compliance.
A renewed challenge to the implementation of an approved resolution plan was barred by res judicata and constructive res judicata because the same issues had already been raised in earlier proceedings, the plan approval had attained finality, and prior appeals had failed. The NCLAT held that the appellant could not reopen its status or quantum of dues as a secured operational creditor by filing another appeal against the same common order, and its refusal to accept the plan amount was obstructing completion of the insolvency process. It also held that an approved resolution plan must be implemented unconditionally, so post-approval liabilities cannot be added or made contingent on further clarifications. The appeal and interlocutory application were dismissed, with directions for compliance.
Note: It is a system-generated summary and is for quick reference only.