Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Insolvency and BankruptcySeptember 21, 2019Case LawsAT
If the ‘Corporate Debtor’ is MSME, it is not necessary for the Promoters to compete with other ‘Resolution Applicants’ to regain the control of the ‘Corporate Debtor’ - it is open to the ‘Committee of Creditors’ to defer the process of issuance of ‘Information Memorandum’, if the Promoter of MSME offers a viable and feasible plan maximising the assets of the ‘Corporate Debtor’ and balancing all the stakeholders. - AT
If the ‘Corporate Debtor’ is MSME, it is not necessary for the Promoters to compete with other ‘Resolution Applicants’ to regain the control of the ‘Corporate Debtor’ - it is open to the ‘Committee of Creditors’ to defer the process of issuance of ‘Information Memorandum’, if the Promoter of MSME offers a viable and feasible plan maximising the assets of the ‘Corporate Debtor’ and balancing all the stakeholders. - AT
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