Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
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...
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Distribution under a resolution plan among secured financial creditors may be determined through the Committee of Creditors' commercial wisdom, subject to the statutory minimum payable to dissenting financial creditors. A dissenting secured creditor cannot demand a larger share solely by relying on the value of its individual security interest. Pro rata allocation based on claims admitted by the resolution professional during CIRP, including stage-wise receipt of plan funds, is consistent with this principle. The approved distribution according to admitted claim ratios, rather than individual security interests, was sustained and the appeals were dismissed.
Distribution under a resolution plan among secured financial creditors may be determined through the Committee of Creditors' commercial wisdom, subject to the statutory minimum payable to dissenting financial creditors. A dissenting secured creditor cannot demand a larger share solely by relying on the value of its individual security interest. Pro rata allocation based on claims admitted by the resolution professional during CIRP, including stage-wise receipt of plan funds, is consistent with this principle. The approved distribution according to admitted claim ratios, rather than individual security interests, was sustained and the appeals were dismissed.
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