Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
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.
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