Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Liquidation of corporate Debtor - Eligibility of the Appellant to submit the Resolution Plan under section 29 A of IBC - The tribunal upheld the declaration that the appellant was a wilful defaulter, making him ineligible under Section 29A of the IBC to submit a resolution plan. This was a significant factor in the rejection of his resolution plan and the subsequent decision to liquidate. - The tribunal highlighted the autonomy of the CoC's commercial wisdom in deciding not to approve the resolution plan submitted by the appellant. It noted that such decisions are beyond the scope of judicial review. - The tribunal noted that any ad-interim relief obtained by the appellant against his wilful defaulter status did not override the CoC's decision-making power, as the stay was conditional and temporary.
Liquidation of corporate Debtor - Eligibility of the Appellant to submit the Resolution Plan under section 29 A of IBC - The tribunal upheld the declaration that the appellant was a wilful defaulter, making him ineligible under Section 29A of the IBC to submit a resolution plan. This was a significant factor in the rejection of his resolution plan and the subsequent decision to liquidate. - The tribunal highlighted the autonomy of the CoC's commercial wisdom in deciding not to approve the resolution plan submitted by the appellant. It noted that such decisions are beyond the scope of judicial review. - The tribunal noted that any ad-interim relief obtained by the appellant against his wilful defaulter status did not override the CoC's decision-making power, as the stay was conditional and temporary.
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