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...
An insolvency appeal under section 61 must be filed from pronouncement of the original order within the statutory outer limit; a clerical rectification of the pronouncement date, without substantive change, does not restart limitation. The moratorium-period exclusion does not apply to such appeals, and administrative lapses cannot extend time. For a section 9 application, Article 137 runs from default, while a valid acknowledgment must be written, proved and unequivocally admit subsisting liability before limitation expires. Undated, unproved and inconsistent balance confirmations did not satisfy that standard. Pre-demand correspondence also showed a genuine, continuing dispute over accounts and set-offs, independently making the operational creditor's application not maintainable.
An insolvency appeal under section 61 must be filed from pronouncement of the original order within the statutory outer limit; a clerical rectification of the pronouncement date, without substantive change, does not restart limitation. The moratorium-period exclusion does not apply to such appeals, and administrative lapses cannot extend time. For a section 9 application, Article 137 runs from default, while a valid acknowledgment must be written, proved and unequivocally admit subsisting liability before limitation expires. Undated, unproved and inconsistent balance confirmations did not satisfy that standard. Pre-demand correspondence also showed a genuine, continuing dispute over accounts and set-offs, independently making the operational creditor's application not maintainable.
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