E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
Way Leave Permissions cannot be retrospectively revived through insolvency plans, and affected infrastructure holders require safety review and hearin...
Personal guarantor insolvency jurisdiction follows the corporate debtor's CIRP Bench, enabling inter-territorial transfer and preventing parallel proc...
Death of a natural-person resolution applicant after committee of creditors approval does not automatically render a resolution plan unimplementable or permit liquidation. A resolution applicant acts as a promisor, not an office-holder with non-heritable obligations, and liquidation remains confined to specified statutory contingencies. The resolution request and plan terms should govern continuation; if silent, inherent powers may require the committee of creditors to examine implementation by an eligible, competent and willing heir or reconsider earlier plans before forced liquidation. A pending CIRP withdrawal application based on settlement with the sole committee member must be considered and cannot be denied merely because liquidation was ordered. Liquidation was set aside, CIRP revived, and the withdrawal application directed for consideration.
Death of a natural-person resolution applicant after committee of creditors approval does not automatically render a resolution plan unimplementable or permit liquidation. A resolution applicant acts as a promisor, not an office-holder with non-heritable obligations, and liquidation remains confined to specified statutory contingencies. The resolution request and plan terms should govern continuation; if silent, inherent powers may require the committee of creditors to examine implementation by an eligible, competent and willing heir or reconsider earlier plans before forced liquidation. A pending CIRP withdrawal application based on settlement with the sole committee member must be considered and cannot be denied merely because liquidation was ordered. Liquidation was set aside, CIRP revived, and the withdrawal application directed for consideration.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
