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...
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Insolvency and BankruptcyMarch 21, 2024Case LawsAT
Seeking impleadment of Successful Auction Purchaser/Appellant as one of the Respondents - The NCLAT found that non-impleadment of the successful auction purchaser was deemed crucial and prejudicial to the proceedings. Despite directions from the adjudicating authority, necessary applications for impleadment were not filed. - The failure to include the successful auction purchaser as a respondent deprived them of the opportunity to present objections or responses, violating principles of natural justice. - The direction for a fresh e-auction process was set aside due to the aforementioned procedural irregularities and lack of fairness.
Seeking impleadment of Successful Auction Purchaser/Appellant as one of the Respondents - The NCLAT found that non-impleadment of the successful auction purchaser was deemed crucial and prejudicial to the proceedings. Despite directions from the adjudicating authority, necessary applications for impleadment were not filed. - The failure to include the successful auction purchaser as a respondent deprived them of the opportunity to present objections or responses, violating principles of natural justice. - The direction for a fresh e-auction process was set aside due to the aforementioned procedural irregularities and lack of fairness.
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