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...
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Insolvency and BankruptcyMarch 22, 2024Case LawsAT
Approval of Resolution Plan by the Committee of Creditors (Coc) and Adjudicating Authority - Group of 77 homebuyers as a class of creditors seeking rejection of plan. - the Tribunal found no merit in the appellant's arguments. It noted that the appellants failed to substantiate their claims regarding the resolution plan's unfairness or the alleged related party influence. The CoC's approval of the resolution plan was deemed to be based on the collective business wisdom of its members. - The Tribunal found no evidence that the CoC was irregularly constituted or that the financial creditor in question improperly participated in the CoC as a related party. - the Tribunal dismissed the allegations against the RP, noting that the RP had acted within the bounds of their duties and responsibilities.
Approval of Resolution Plan by the Committee of Creditors (Coc) and Adjudicating Authority - Group of 77 homebuyers as a class of creditors seeking rejection of plan. - the Tribunal found no merit in the appellant's arguments. It noted that the appellants failed to substantiate their claims regarding the resolution plan's unfairness or the alleged related party influence. The CoC's approval of the resolution plan was deemed to be based on the collective business wisdom of its members. - The Tribunal found no evidence that the CoC was irregularly constituted or that the financial creditor in question improperly participated in the CoC as a related party. - the Tribunal dismissed the allegations against the RP, noting that the RP had acted within the bounds of their duties and responsibilities.
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