Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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