Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Insolvency and BankruptcyJanuary 31, 2024Case LawsAT
Initiation of CIRP - Date of default - Existence of restructuring proposals - NCLT admitted the application u/s 7 - The Tribunal found that the restructuring proposals dated 21.02.2020 and 29.09.2020 were not binding as they were not effectively implemented due to non-fulfillment of pre-implementation conditions by the Corporate Debtor. - It was also held that unilateral conditions imposed by the Appellant in their payments could not be construed as a revival or extension of the restructuring approvals.
Initiation of CIRP - Date of default - Existence of restructuring proposals - NCLT admitted the application u/s 7 - The Tribunal found that the restructuring proposals dated 21.02.2020 and 29.09.2020 were not binding as they were not effectively implemented due to non-fulfillment of pre-implementation conditions by the Corporate Debtor. - It was also held that unilateral conditions imposed by the Appellant in their payments could not be construed as a revival or extension of the restructuring approvals.
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