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...
CIR - Order of Liquidation - Concern regarding auction at a price significantly lower than their fair value - The NCLAT found that the appellant's challenges were not maintainable, noting that there is no provision in the Insolvency and Bankruptcy Code (IBC) that allows a shareholder to sell assets after the initiation of liquidation proceedings. - The Appellate Tribunal clarified that reductions in the reserve price followed the guidelines set forth in the regulations, and the decision to sell the corporate debtor's assets through a slump sale after several unsuccessful auctions was a reasonable approach to maximize value. - The Tribunal criticized the appellant for their non-cooperation during the Corporate Insolvency Resolution Process (CIRP) and the liquidation process. It highlighted that such behavior contributed to the challenges faced in asset realization.
CIR - Order of Liquidation - Concern regarding auction at a price significantly lower than their fair value - The NCLAT found that the appellant's challenges were not maintainable, noting that there is no provision in the Insolvency and Bankruptcy Code (IBC) that allows a shareholder to sell assets after the initiation of liquidation proceedings. - The Appellate Tribunal clarified that reductions in the reserve price followed the guidelines set forth in the regulations, and the decision to sell the corporate debtor's assets through a slump sale after several unsuccessful auctions was a reasonable approach to maximize value. - The Tribunal criticized the appellant for their non-cooperation during the Corporate Insolvency Resolution Process (CIRP) and the liquidation process. It highlighted that such behavior contributed to the challenges faced in asset realization.
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