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...
Section 12A withdrawal through settlement is presented as an integral insolvency-resolution exit route, alongside resolution plans and liquidation. Where a viable settlement and repayment process exists, the resolution professional must independently and objectively consider extending CIRP, including use of the period up to the 330-day outer limit where appropriate, rather than prematurely seek liquidation. A resolution professional cannot rely on Registry advice regarding relief or privately consult an individual Committee of Creditors member instead of convening the Committee. Such non-independent decision-making renders a liquidation application under Section 33(1) legally unsustainable. The liquidation order was set aside, and CIRP was restored to explore settlement-based withdrawal.
Section 12A withdrawal through settlement is presented as an integral insolvency-resolution exit route, alongside resolution plans and liquidation. Where a viable settlement and repayment process exists, the resolution professional must independently and objectively consider extending CIRP, including use of the period up to the 330-day outer limit where appropriate, rather than prematurely seek liquidation. A resolution professional cannot rely on Registry advice regarding relief or privately consult an individual Committee of Creditors member instead of convening the Committee. Such non-independent decision-making renders a liquidation application under Section 33(1) legally unsustainable. The liquidation order was set aside, and CIRP was restored to explore settlement-based withdrawal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
