Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
Insolvency and BankruptcyFebruary 25, 2021Case LawsSC
Contempt Jurisdiction - Approval of Resolution Plan - Undoubtedly, the conduct of DVI has not been bona fide. - DVI was not just seeking an extension of time but a re-negotiation of its resolution plan after its approval by the CoC. - However, it would not be appropriate to exercise the contempt jurisdiction of this Court - Since DVI is in appeal before the NCLAT, we express no opinion on the merits of the submission. The NCLAT will take a view on the tenability and merits of the submission of DVI that the conditions precedent under the resolution plan have not been fulfilled after hearing the parties. - SC
Contempt Jurisdiction - Approval of Resolution Plan - Undoubtedly, the conduct of DVI has not been bona fide. - DVI was not just seeking an extension of time but a re-negotiation of its resolution plan after its approval by the CoC. - However, it would not be appropriate to exercise the contempt jurisdiction of this Court - Since DVI is in appeal before the NCLAT, we express no opinion on the merits of the submission. The NCLAT will take a view on the tenability and merits of the submission of DVI that the conditions precedent under the resolution plan have not been fulfilled after hearing the parties. - SC
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