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...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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The text states that the three-month period for filing a bankruptcy application against a personal guarantor is directory, not mandatory, because Section 121(2) uses mandatory language without prescribing any consequence for delay. It further states that delay may be condoned on sufficient cause under the Limitation Act read with Section 238A of the Code, and that a dismissal solely on limitation without reasons is unsustainable. The application was therefore restored for consideration on merits.
The text states that the three-month period for filing a bankruptcy application against a personal guarantor is directory, not mandatory, because Section 121(2) uses mandatory language without prescribing any consequence for delay. It further states that delay may be condoned on sufficient cause under the Limitation Act read with Section 238A of the Code, and that a dismissal solely on limitation without reasons is unsustainable. The application was therefore restored for consideration on merits.
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