Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
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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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