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...
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Attachment by the sales tax authorities over an apartment in Mumbai - priority of charges - The High Court concludes that the petitioner, as the auction purchaser, holds a valid and marketable title to the apartment, free from encumbrances claimed by the sales tax authorities. This determination is based on the priority of security interests established under the SARFAESI Act. - Despite attachment orders issued by the sales tax authorities, the absence of registration with CERSAI and the failure to issue a proclamation of sale invalidate their claims to priority over the secured creditor. By analyzing relevant statutory provisions and legal precedents, the court clarifies that the sales tax authorities cannot supersede the rights of secured creditors.
Attachment by the sales tax authorities over an apartment in Mumbai - priority of charges - The High Court concludes that the petitioner, as the auction purchaser, holds a valid and marketable title to the apartment, free from encumbrances claimed by the sales tax authorities. This determination is based on the priority of security interests established under the SARFAESI Act. - Despite attachment orders issued by the sales tax authorities, the absence of registration with CERSAI and the failure to issue a proclamation of sale invalidate their claims to priority over the secured creditor. By analyzing relevant statutory provisions and legal precedents, the court clarifies that the sales tax authorities cannot supersede the rights of secured creditors.
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