Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
Digital accessibility audit and remediation deadlines extended, while all other disability-compliance obligations for regulated entities remain unchan...
Service of notice in insolvency proceedings is satisfied where...
Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural justice objections.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Service of notice in insolvency proceedings is satisfied where repeated attempts through speed post and email, corrected address particulars, and further opportunities to respond provide reasonable opportunity before ex parte action. A corporate debtor that keeps its registered office non-functional cannot rely on resulting non-receipt to establish a breach of natural justice, absent a challenge to email service or evidence of incorrect particulars or mala fides. For a corporate guarantor, a demand guarantee may contractually treat the principal borrower's acknowledgment or balance confirmation as the guarantor's acknowledgment. Written settlement proposals acknowledging liability can therefore extend limitation, while the section 7 inquiry remains confined to financial debt and default.
Service of notice in insolvency proceedings is satisfied where repeated attempts through speed post and email, corrected address particulars, and further opportunities to respond provide reasonable opportunity before ex parte action. A corporate debtor that keeps its registered office non-functional cannot rely on resulting non-receipt to establish a breach of natural justice, absent a challenge to email service or evidence of incorrect particulars or mala fides. For a corporate guarantor, a demand guarantee may contractually treat the principal borrower's acknowledgment or balance confirmation as the guarantor's acknowledgment. Written settlement proposals acknowledging liability can therefore extend limitation, while the section 7 inquiry remains confined to financial debt and default.
Note: It is a system-generated summary and is for quick reference only.