Specialized Investment Fund distribution now requires dedicated certification, while transitional recognition preserves existing qualified distributor...
Overlapping GST proceedings require Central and State authorities to designate one competent authority for coordinated adjudication of the same matter...
Composite healthcare supplies retain exemption when patient care is the contract's essential character, despite payment through an implementing agency...
Receipt of immovable property requires actual possession or enjoyment; redevelopment allotments exchanged for tenancy rights fall outside deemed incom...
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SARFAESI enforcement against personal guarantors may continue while CIRP is pending only against the corporate debtor, because the corporate-debtor moratorium does not extend to guarantors. The notes explain that an interim moratorium for a personal guarantor arises only when a creditor files an insolvency application against that guarantor; a demand notice alone is insufficient. They further state that IBC consolidation provisions do not apply where no guarantor insolvency proceeding exists, and that SARFAESI and debt-recovery proceedings are complementary remedies rather than mutually exclusive elections. On the stated facts, the possession notice, auction and sale certificate were restored by setting aside the contrary DRT directions; the Bank's writ petition was treated as maintainable.
SARFAESI enforcement against personal guarantors may continue while CIRP is pending only against the corporate debtor, because the corporate-debtor moratorium does not extend to guarantors. The notes explain that an interim moratorium for a personal guarantor arises only when a creditor files an insolvency application against that guarantor; a demand notice alone is insufficient. They further state that IBC consolidation provisions do not apply where no guarantor insolvency proceeding exists, and that SARFAESI and debt-recovery proceedings are complementary remedies rather than mutually exclusive elections. On the stated facts, the possession notice, auction and sale certificate were restored by setting aside the contrary DRT directions; the Bank's writ petition was treated as maintainable.
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