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...
Interim disciplinary suspension of a resolution professional across assignments unrelated to the CIRP giving rise to the charge raises proportionality and audi alteram partem concerns. Board confirmation requirements for appointment or replacement do not determine whether a charge in one CIRP permits exclusion from all other assignments. Regulation 13(7), which requires communicating a disciplinary order to committees of creditors in other assignments, preserves those committees' statutory discretion to retain or replace the professional. A blanket restriction without charges or a hearing concerning those assignments was treated as disproportionate. The suspension was stayed only for other assignments, while the disciplinary merits and the scope of appellate jurisdiction remained open.
Interim disciplinary suspension of a resolution professional across assignments unrelated to the CIRP giving rise to the charge raises proportionality and audi alteram partem concerns. Board confirmation requirements for appointment or replacement do not determine whether a charge in one CIRP permits exclusion from all other assignments. Regulation 13(7), which requires communicating a disciplinary order to committees of creditors in other assignments, preserves those committees' statutory discretion to retain or replace the professional. A blanket restriction without charges or a hearing concerning those assignments was treated as disproportionate. The suspension was stayed only for other assignments, while the disciplinary merits and the scope of appellate jurisdiction remained open.
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