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 BankruptcyApril 23, 2024Case LawsAT
Approval of Resolution plan - Propriety of the valuation exercise conducted by the RP - The tribunal dismissed concerns regarding the SRA's competence, noting that the resolution plan included a clear and feasible strategy for running the corporate debtor effectively under new management. The tribunal found that the plan aimed to preserve the corporate debtor as a going concern. - The tribunal addressed the valuation concerns by referring to the dual valuation reports provided during the CIRP process and found no significant discrepancy warranting the engagement of a third valuer. - The tribunal clarified that the resolution plan does not extinguish the liabilities of personal guarantors. - The tribunal's decision reinforces the principle that the commercial wisdom of the Committee of Creditors (CoC) is paramount.
Approval of Resolution plan - Propriety of the valuation exercise conducted by the RP - The tribunal dismissed concerns regarding the SRA's competence, noting that the resolution plan included a clear and feasible strategy for running the corporate debtor effectively under new management. The tribunal found that the plan aimed to preserve the corporate debtor as a going concern. - The tribunal addressed the valuation concerns by referring to the dual valuation reports provided during the CIRP process and found no significant discrepancy warranting the engagement of a third valuer. - The tribunal clarified that the resolution plan does not extinguish the liabilities of personal guarantors. - The tribunal's decision reinforces the principle that the commercial wisdom of the Committee of Creditors (CoC) is paramount.
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