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...
Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Service of notice through an admitted email address may support a presumption of service where repeated communications do not bounce and the presumption remains unrebutted. The notes address recall of an ex parte insolvency order, stressing that parties must show cogent sufficient cause for non-appearance and a substantial delay in seeking recall. In time-bound IBC proceedings, unexplained delay may not be condoned or disregarded. The absence of fraud or misrepresentation is also relevant when challenging an ex parte order.
Service of notice through an admitted email address may support a presumption of service where repeated communications do not bounce and the presumption remains unrebutted. The notes address recall of an ex parte insolvency order, stressing that parties must show cogent sufficient cause for non-appearance and a substantial delay in seeking recall. In time-bound IBC proceedings, unexplained delay may not be condoned or disregarded. The absence of fraud or misrepresentation is also relevant when challenging an ex parte order.
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