Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
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Section 96(4) of the Insolvency and Bankruptcy Code applies retroactively to pending insolvency applications involving personal guarantors to corporate debtors. The exclusion removes the pre-admission interim moratorium that could otherwise delay recovery proceedings; it affects pending transactions rather than completed transactions. The phrase "is filed" includes applications filed before the amendment's commencement but still pending thereafter. Consequently, the personal guarantor could not rely on an interim moratorium to bar the suit, and the request to reject the plaint on that basis was dismissed.
Section 96(4) of the Insolvency and Bankruptcy Code applies retroactively to pending insolvency applications involving personal guarantors to corporate debtors. The exclusion removes the pre-admission interim moratorium that could otherwise delay recovery proceedings; it affects pending transactions rather than completed transactions. The phrase "is filed" includes applications filed before the amendment's commencement but still pending thereafter. Consequently, the personal guarantor could not rely on an interim moratorium to bar the suit, and the request to reject the plaint on that basis was dismissed.
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