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...
The insolvency moratorium is confined to the corporate debtor and cannot be extended by adjudicatory bodies to subsidiaries, directors, promoters, managers or personal guarantors unless the statute expressly provides otherwise. The text explains that this limited scope preserves consumer remedies against respondents who are not protected by a statutory moratorium. A consumer complaint may therefore continue against non-corporate-debtor respondents, whose liability must be determined on the pleadings and objections rather than being excluded at an interlocutory stage. Proceedings against the corporate debtor remain subject to the applicable moratorium.
The insolvency moratorium is confined to the corporate debtor and cannot be extended by adjudicatory bodies to subsidiaries, directors, promoters, managers or personal guarantors unless the statute expressly provides otherwise. The text explains that this limited scope preserves consumer remedies against respondents who are not protected by a statutory moratorium. A consumer complaint may therefore continue against non-corporate-debtor respondents, whose liability must be determined on the pleadings and objections rather than being excluded at an interlocutory stage. Proceedings against the corporate debtor remain subject to the applicable moratorium.
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