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 BankruptcyMarch 11, 2024Case LawsAT
CIRP - Unsecured Financial Creditor or not - Non-registration of charge before the Registrar of Companies - the mortgaged property, will form part of the Liquidation Estate or not - The tribunal recognized the appellant's mortgage rights, stating that non-registration of the mortgage under Section 77 of the Companies Act, 2013, does not invalidate the appellant's status as a secured creditor. It emphasized the rights of a mortgagee under the Transfer of Property Act, 1882, and the SARFAESI Act, 2002, should not be diluted by regulatory provisions introduced later. - The tribunal set aside the adjudicating authority's order, which had classified the appellant as an unsecured creditor, and recognized the appellant's status as a secured creditor.
CIRP - Unsecured Financial Creditor or not - Non-registration of charge before the Registrar of Companies - the mortgaged property, will form part of the Liquidation Estate or not - The tribunal recognized the appellant's mortgage rights, stating that non-registration of the mortgage under Section 77 of the Companies Act, 2013, does not invalidate the appellant's status as a secured creditor. It emphasized the rights of a mortgagee under the Transfer of Property Act, 1882, and the SARFAESI Act, 2002, should not be diluted by regulatory provisions introduced later. - The tribunal set aside the adjudicating authority's order, which had classified the appellant as an unsecured creditor, and recognized the appellant's status as a secured creditor.
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