Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
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Service of a Section 7 petition by e-mail to the corporate debtor's MCA-registered address, together with attempted service at the registered office and newspaper publication, was held to be valid and sufficient; the plea of denial of hearing and breach of natural justice was rejected. The tribunal also held that Section 7 maintainability depends on a financial debt and default above the prescribed threshold, and that default in payment of interest forming part of the financial debt is enough to sustain admission. A one-time settlement was treated as a conditional arrangement, and its breach revived liability under the original loan; later payments were to be adjusted against the original dues. The admission order was upheld and the appeal dismissed.
Service of a Section 7 petition by e-mail to the corporate debtor's MCA-registered address, together with attempted service at the registered office and newspaper publication, was held to be valid and sufficient; the plea of denial of hearing and breach of natural justice was rejected. The tribunal also held that Section 7 maintainability depends on a financial debt and default above the prescribed threshold, and that default in payment of interest forming part of the financial debt is enough to sustain admission. A one-time settlement was treated as a conditional arrangement, and its breach revived liability under the original loan; later payments were to be adjusted against the original dues. The admission order was upheld and the appeal dismissed.
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