Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
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...
Insolvency and BankruptcyDecember 17, 2022Case LawsAT
Initiation of CIRP - Financial Creditors - allegation fraud against the Financial Creditor - Allegations of fraud and forgery are very easy to make but very difficult to prove. In event, the case of the Corporate Debtor is that the insolvency proceedings were initiated fraudulently or with malicious intent for any purpose other than for resolution of insolvency , it is always open for the Appellant to make application under Section 65 of the Code before the Adjudicating Authority and it is for the Adjudicating Authority to consider such application. - AT
Initiation of CIRP - Financial Creditors - allegation fraud against the Financial Creditor - Allegations of fraud and forgery are very easy to make but very difficult to prove. In event, the case of the Corporate Debtor is that the insolvency proceedings were initiated fraudulently or with malicious intent for any purpose other than for resolution of insolvency , it is always open for the Appellant to make application under Section 65 of the Code before the Adjudicating Authority and it is for the Adjudicating Authority to consider such application. - AT
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