Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Section 7 insolvency adjudication is confined to determining the existence of financial debt, default and completeness of the application. A proposed compromise scheme, settlement discussions or anticipated commercial hardship do not require deferral of admission unless the proposal has become legally binding or otherwise displaces the default. A pending counterclaim in separate recovery proceedings, without a determination favouring the corporate debtor, does not negate established debt and default. Natural justice requires a fair and reasonable opportunity to present the case, but does not entitle a participating party to unlimited adjournments after repeated opportunities. CIRP remains a resolution process rather than liquidation.
Section 7 insolvency adjudication is confined to determining the existence of financial debt, default and completeness of the application. A proposed compromise scheme, settlement discussions or anticipated commercial hardship do not require deferral of admission unless the proposal has become legally binding or otherwise displaces the default. A pending counterclaim in separate recovery proceedings, without a determination favouring the corporate debtor, does not negate established debt and default. Natural justice requires a fair and reasonable opportunity to present the case, but does not entitle a participating party to unlimited adjournments after repeated opportunities. CIRP remains a resolution process rather than liquidation.
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