Customs Broker association membership becomes mandatory in the operating jurisdiction, with exclusive membership and limited compliance-time relaxatio...
The case involved seeking ex-post facto approval for Section 7 applications u/s 35(5) proviso. The issue was whether prior approval by the Adjudicating Authority for the Liquidator to institute proceedings on behalf of the Corporate Debtor is mandatory. Held, it is mandatory. Proceedings without prior approval are unauthorized. Post facto approval makes them competent. No notice to the opposing party is required before approval u/s 33(5). The impugned order granting ex-post facto approval was upheld as adequate reasons were given. The appeal was dismissed, finding no grounds to interfere.
The case involved seeking ex-post facto approval for Section 7 applications u/s 35(5) proviso. The issue was whether prior approval by the Adjudicating Authority for the Liquidator to institute proceedings on behalf of the Corporate Debtor is mandatory. Held, it is mandatory. Proceedings without prior approval are unauthorized. Post facto approval makes them competent. No notice to the opposing party is required before approval u/s 33(5). The impugned order granting ex-post facto approval was upheld as adequate reasons were given. The appeal was dismissed, finding no grounds to interfere.
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