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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A registered sub-lease deed creating a first charge can constitute a security interest under the Insolvency Code, so NOIDA was not to be treated as an ordinary operational creditor and the resolution plan's distribution had to be reconsidered to that extent. By contrast, the lender's assignee could claim no higher security than the assignor, and its security over a real estate project was confined to unsold inventory because allotments to homebuyers were protected under RERA; the plan payment to the dissenting secured creditor therefore did not breach Sections 30(2)(b) or 53. Objections on valuation and plan comparison fell within the CoC's commercial wisdom, and no material irregularity was shown.
A registered sub-lease deed creating a first charge can constitute a security interest under the Insolvency Code, so NOIDA was not to be treated as an ordinary operational creditor and the resolution plan's distribution had to be reconsidered to that extent. By contrast, the lender's assignee could claim no higher security than the assignor, and its security over a real estate project was confined to unsold inventory because allotments to homebuyers were protected under RERA; the plan payment to the dissenting secured creditor therefore did not breach Sections 30(2)(b) or 53. Objections on valuation and plan comparison fell within the CoC's commercial wisdom, and no material irregularity was shown.
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