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
Fixation of IRP fees - lack of earnestness and proficiency on the part of the IRP - The Appellate Tribunal finds that the IRP's fees were initially quoted at a higher amount but were subsequently reduced by 50% to align with regulatory provisions. - While acknowledging delays in the CIRP process, the Tribunal attributes some of the responsibility to the Appellant for not showing optimal interest and decisiveness in furthering the process. It cites instances where the Appellant deferred decisions, contributing to the delay. - Ultimately, the Tribunal upheld the Adjudicating Authority's decision and directed the Appellant to pay the IRP's fees and CIRP expenses.
Fixation of IRP fees - lack of earnestness and proficiency on the part of the IRP - The Appellate Tribunal finds that the IRP's fees were initially quoted at a higher amount but were subsequently reduced by 50% to align with regulatory provisions. - While acknowledging delays in the CIRP process, the Tribunal attributes some of the responsibility to the Appellant for not showing optimal interest and decisiveness in furthering the process. It cites instances where the Appellant deferred decisions, contributing to the delay. - Ultimately, the Tribunal upheld the Adjudicating Authority's decision and directed the Appellant to pay the IRP's fees and CIRP expenses.
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