Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
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Invocation of a continuing guarantee by demand was treated as the point when liability became enforceable, so the Section 95 insolvency application against the personal guarantor was held to be within limitation because the demand notice preceded the filing date. The creditor's debt and default were found sufficiently established through the guarantee and acknowledgment, audited balance sheets showing borrowings, and admission of the claim in liquidation proceedings; discrepancies in the amounts stated across proceedings did not defeat admission at that stage. Allegations of conflict of interest against the resolution professional were not accepted as a ground to interfere with the admission order, though the merits of that allegation were left open. The appeal was dismissed.
Invocation of a continuing guarantee by demand was treated as the point when liability became enforceable, so the Section 95 insolvency application against the personal guarantor was held to be within limitation because the demand notice preceded the filing date. The creditor's debt and default were found sufficiently established through the guarantee and acknowledgment, audited balance sheets showing borrowings, and admission of the claim in liquidation proceedings; discrepancies in the amounts stated across proceedings did not defeat admission at that stage. Allegations of conflict of interest against the resolution professional were not accepted as a ground to interfere with the admission order, though the merits of that allegation were left open. The appeal was dismissed.
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