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 BankruptcyJanuary 30, 2024Case LawsAT
CIRP - Rejection of Application seeking intervention - Locus to file application - infringement of rights - Approval of resolution plan (offer) of another party - The tribunal decided that the appellant, having been a participant in the CIRP process and having submitted offers, does indeed have the locus to file the intervention application. It observed that the NCLT's order examining the appellant’s contentions on merits while also stating they lacked locus was contradictory. - However, the tribunal permits the appellant to file an application with their objections/affidavits before the NCLT - AT
CIRP - Rejection of Application seeking intervention - Locus to file application - infringement of rights - Approval of resolution plan (offer) of another party - The tribunal decided that the appellant, having been a participant in the CIRP process and having submitted offers, does indeed have the locus to file the intervention application. It observed that the NCLT's order examining the appellant’s contentions on merits while also stating they lacked locus was contradictory. - However, the tribunal permits the appellant to file an application with their objections/affidavits before the NCLT - AT
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