Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Insolvency and BankruptcyFebruary 1, 2024Case LawsSC
CIRP - Home Buyers - Moratorium against the company has been ordered - The Supreme Court's decision in this case clarifies that the moratorium u/s 14 of IBC does not extend to the directors or officers of a company under moratorium. The Court set aside the National Commission's orders, which had held that a decree cannot be executed against a company due to the moratorium u/s 14 of the IBC and, consequently, against certain individuals. The Court remitted the execution application to the National Commission, allowing proceedings against the individual respondents (directors/ officers) for execution, subject to their liability to comply with the order passed against the company.
CIRP - Home Buyers - Moratorium against the company has been ordered - The Supreme Court's decision in this case clarifies that the moratorium u/s 14 of IBC does not extend to the directors or officers of a company under moratorium. The Court set aside the National Commission's orders, which had held that a decree cannot be executed against a company due to the moratorium u/s 14 of the IBC and, consequently, against certain individuals. The Court remitted the execution application to the National Commission, allowing proceedings against the individual respondents (directors/ officers) for execution, subject to their liability to comply with the order passed against the company.
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