Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
Corresponding scheduled offences preserve money-laundering jurisdiction despite repeal of the central corruption provision where conduct remains cover...
Concurrent anticipatory-bail jurisdiction permits applications before either forum, while secured evidence may negate custodial interrogation in GST e...
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Pending PMLA attachment proceedings do not by themselves disqualify a prospective resolution applicant; disqualification requires the conviction specified under section 29A. Disclosure requirements under Regulation 39(1)(c) operate harmoniously with section 29A, particularly where the CoC knew of, assessed, and deliberated on the proceedings before plan approval. Review of the CoC's commercial assessment of plan feasibility, viability, and implementation remains confined to statutory approval and appeal grounds. A plan may conditionally protect a disputed creditor's position by automatically revising distribution if secured-financial-creditor status is later established. On these grounds, the challenge to plan approval failed, with no statutory infirmity found.
Pending PMLA attachment proceedings do not by themselves disqualify a prospective resolution applicant; disqualification requires the conviction specified under section 29A. Disclosure requirements under Regulation 39(1)(c) operate harmoniously with section 29A, particularly where the CoC knew of, assessed, and deliberated on the proceedings before plan approval. Review of the CoC's commercial assessment of plan feasibility, viability, and implementation remains confined to statutory approval and appeal grounds. A plan may conditionally protect a disputed creditor's position by automatically revising distribution if secured-financial-creditor status is later established. On these grounds, the challenge to plan approval failed, with no statutory infirmity found.
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