Educational approval requires mandatory State registration, but incidental surplus and trustee-owned land do not prove private benefit or profit motiv...
Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
ODR arbitration participation remains mandatory after failed conciliation, while jurisdictional and maintainability objections stay available before t...
Transparency in technical bid evaluation requires disclosed standards and recorded reasons; opaque scoring invalidated tender awards and required fres...
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Insolvency and BankruptcyApril 15, 2024Case LawsAT
Fixation of remuneration of liquidator - The Appellate Tribunal recognized the efforts made by the liquidator in attempting to manage the corporate debtor's affairs under challenging circumstances, including legal efforts to vacate asset attachments and manage stakeholder relations. However, it ultimately held that the liquidator’s remuneration could not be dissociated from the actual realization of assets, as prescribed by the IBBI regulations. - The appeal was dismissed on these grounds, reinforcing the principle that liquidator fees should be strictly tied to the effective realization of assets, not merely the efforts or time spent managing the debtor’s affairs without corresponding financial results.
Fixation of remuneration of liquidator - The Appellate Tribunal recognized the efforts made by the liquidator in attempting to manage the corporate debtor's affairs under challenging circumstances, including legal efforts to vacate asset attachments and manage stakeholder relations. However, it ultimately held that the liquidator’s remuneration could not be dissociated from the actual realization of assets, as prescribed by the IBBI regulations. - The appeal was dismissed on these grounds, reinforcing the principle that liquidator fees should be strictly tied to the effective realization of assets, not merely the efforts or time spent managing the debtor’s affairs without corresponding financial results.
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