Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
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A Section 7 insolvency application was treated as time-barred because the record supported 31 March 2019 as the nearest ascertainable date of default, while a later date asserted by affidavit lacked evidentiary basis. The limitation period had therefore expired before the demand notice and filing, rendering the application not maintainable. The notes also state that a surviving-partner majority could authorise commencement of insolvency proceedings and that one partner could file in the firm's name. Advances recorded as repayable in balance sheets and ledgers constituted financial debt, even without a formal loan agreement or interest payment.
A Section 7 insolvency application was treated as time-barred because the record supported 31 March 2019 as the nearest ascertainable date of default, while a later date asserted by affidavit lacked evidentiary basis. The limitation period had therefore expired before the demand notice and filing, rendering the application not maintainable. The notes also state that a surviving-partner majority could authorise commencement of insolvency proceedings and that one partner could file in the firm's name. Advances recorded as repayable in balance sheets and ledgers constituted financial debt, even without a formal loan agreement or interest payment.
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