Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
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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