Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Writ jurisdiction under Articles 226 and 227 was held unavailable to seek early listing of a transfer application or restraint on a tribunal's adjudicating bench while proceedings were pending before the competent tribunal. The text states that constitution of a special Bench and vacation listing fell within the exclusive prerogative of the Tribunal President, and that such relief should be pursued before the tribunal itself. It also notes the availability of an alternative statutory remedy, the belated filing of the transfer application after participation in insolvency proceedings, and that pursuing substantially identical reliefs in multiple forums amounted to forum shopping and abuse of process, leading to dismissal with costs.
Writ jurisdiction under Articles 226 and 227 was held unavailable to seek early listing of a transfer application or restraint on a tribunal's adjudicating bench while proceedings were pending before the competent tribunal. The text states that constitution of a special Bench and vacation listing fell within the exclusive prerogative of the Tribunal President, and that such relief should be pursued before the tribunal itself. It also notes the availability of an alternative statutory remedy, the belated filing of the transfer application after participation in insolvency proceedings, and that pursuing substantially identical reliefs in multiple forums amounted to forum shopping and abuse of process, leading to dismissal with costs.
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