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...
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Insolvency and BankruptcyFebruary 10, 2023Case LawsAT
Initiation of CIRP - NCLT dismissed the application on the ground that petitioner failed to prove the debt and the liability to pay the same by the corporate debtor - To reiterate, an Agreement has been entered into only for Season-2 and in the absence of any such Agreement for the other seasons, the Appellant/Operational Creditor has failed to discharge its burden that there was indeed an Operational Debt which was due and payable. - AT
Initiation of CIRP - NCLT dismissed the application on the ground that petitioner failed to prove the debt and the liability to pay the same by the corporate debtor - To reiterate, an Agreement has been entered into only for Season-2 and in the absence of any such Agreement for the other seasons, the Appellant/Operational Creditor has failed to discharge its burden that there was indeed an Operational Debt which was due and payable. - AT
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