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...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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The National Company Law Appellate Tribunal, Principal Bench, New Delhi, addressed the admissibility of a second petition u/s 7 of the Insolvency and Bankruptcy Code, 2016, concerning unpaid instalments and the existence of debt and default. The Corporate Debtor availed a loan from the Financial Creditor but failed to make payments, leading to the first petition being admitted. A settlement was reached, but the Corporate Debtor failed to honor it, resulting in the Financial Creditor filing a second petition for the remaining debt. The Adjudicating Authority rightly admitted the second petition, emphasizing that allowing such tactics by the Corporate Debtor would be detrimental. The Tribunal held that the amount paid during the appeal should be adjusted only if supported by a written agreement; otherwise, the Financial Creditor could adjust it towards interest. The appeal was dismissed, and the deposited amount was ordered to be returned to the Appellant.
The National Company Law Appellate Tribunal, Principal Bench, New Delhi, addressed the admissibility of a second petition u/s 7 of the Insolvency and Bankruptcy Code, 2016, concerning unpaid instalments and the existence of debt and default. The Corporate Debtor availed a loan from the Financial Creditor but failed to make payments, leading to the first petition being admitted. A settlement was reached, but the Corporate Debtor failed to honor it, resulting in the Financial Creditor filing a second petition for the remaining debt. The Adjudicating Authority rightly admitted the second petition, emphasizing that allowing such tactics by the Corporate Debtor would be detrimental. The Tribunal held that the amount paid during the appeal should be adjusted only if supported by a written agreement; otherwise, the Financial Creditor could adjust it towards interest. The appeal was dismissed, and the deposited amount was ordered to be returned to the Appellant.
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