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...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
