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...
NCLAT dismissed an appeal u/s approval of Resolution Plan by dissenting Financial Creditors objecting to Homebuyers receiving flats without price escalation. Held that Homebuyers, with fixed consideration, can receive units as agreed. No violation of Section 30(2) found, as Homebuyers were treated differently but not discriminated against. Dissenting Financial Creditors entitled to payment u/s 30(2)(b)(ii). They cannot claim payment based on security interest. Appeal dismissed.
NCLAT dismissed an appeal u/s approval of Resolution Plan by dissenting Financial Creditors objecting to Homebuyers receiving flats without price escalation. Held that Homebuyers, with fixed consideration, can receive units as agreed. No violation of Section 30(2) found, as Homebuyers were treated differently but not discriminated against. Dissenting Financial Creditors entitled to payment u/s 30(2)(b)(ii). They cannot claim payment based on security interest. Appeal dismissed.
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