Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency professional agency governance rules amended to add nominee directors, tighten independent director eligibility, and regulate managing dire...
Threshold scrutiny of locus standi under Section 94 IBC is permissible because the tribunal must first verify the jurisdictional fact of personal guarantor status before assuming jurisdiction; that inquiry goes only to maintainability and does not decide insolvency merits. The text also notes that the Section 97 process, including appointment of a Resolution Professional, is not automatic unless the application is validly instituted. On the facts, the applicant was described only as a co-borrower, produced no guarantee deed despite opportunity, and a later demand notice could not by itself establish guarantor status, so the application was not entertainable.
Threshold scrutiny of locus standi under Section 94 IBC is permissible because the tribunal must first verify the jurisdictional fact of personal guarantor status before assuming jurisdiction; that inquiry goes only to maintainability and does not decide insolvency merits. The text also notes that the Section 97 process, including appointment of a Resolution Professional, is not automatic unless the application is validly instituted. On the facts, the applicant was described only as a co-borrower, produced no guarantee deed despite opportunity, and a later demand notice could not by itself establish guarantor status, so the application was not entertainable.
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