Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Continuation of CIRP after a genuine repayment offer may be stopped where the sole creditor has been fully paid and no other claims exist. The Code is aimed at revival of the corporate debtor, not compulsory divestiture or settling personal scores. On these facts, refusal by the sole-member CoC to accept settlement without any justifiable reason was treated as arbitrary and as misuse of the insolvency process. Once malicious intent or abuse became apparent during the proceedings, the Tribunal could terminate the CIRP itself rather than wait for separate penal consequences.
Continuation of CIRP after a genuine repayment offer may be stopped where the sole creditor has been fully paid and no other claims exist. The Code is aimed at revival of the corporate debtor, not compulsory divestiture or settling personal scores. On these facts, refusal by the sole-member CoC to accept settlement without any justifiable reason was treated as arbitrary and as misuse of the insolvency process. Once malicious intent or abuse became apparent during the proceedings, the Tribunal could terminate the CIRP itself rather than wait for separate penal consequences.
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