Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment ...
Vicarious liability for cheque dishonour requires specific allegations of responsibility and cheque signatory; generic director allegations cannot sus...
IT Resilience Index requires market infrastructure institutions to automate resilience scoring, early warnings, and continuous service-delivery monito...
The NCLAT addressed the maintainability of an application filed u/s 95 of the IBC, concerning the appointment of an RP for a personal guarantor. The tribunal held that the moratorium commences upon the filing of the application, not upon registration. Citing a previous case, it emphasized that the date of filing is crucial. The tribunal also discussed a case involving proceedings u/s 13(2) of the SRFAESI Act, highlighting the importance of the date of filing for determining stay of proceedings. The tribunal dismissed the appeal challenging the appointment of an RP, finding no jurisdictional issues.
The NCLAT addressed the maintainability of an application filed u/s 95 of the IBC, concerning the appointment of an RP for a personal guarantor. The tribunal held that the moratorium commences upon the filing of the application, not upon registration. Citing a previous case, it emphasized that the date of filing is crucial. The tribunal also discussed a case involving proceedings u/s 13(2) of the SRFAESI Act, highlighting the importance of the date of filing for determining stay of proceedings. The tribunal dismissed the appeal challenging the appointment of an RP, finding no jurisdictional issues.
Note: It is a system-generated summary and is for quick reference only.