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 Adjudicating Authority erred by dismissing the Section 95 application without appointing a Resolution Professional and following the statutory process under the Insolvency and Bankruptcy Code. The principle of waiver is inapplicable as the Appellant did not consciously abandon any existing legal right. The Adjudicating Authority lacks jurisdiction to consider objections on the merits of the Section 95 application before appointing a Resolution Professional, as clarified by the Supreme Court in Dilip B. Jiwrajka's case. The order dismissing the Section 95 application is set aside, and the appeal is allowed.
The Adjudicating Authority erred by dismissing the Section 95 application without appointing a Resolution Professional and following the statutory process under the Insolvency and Bankruptcy Code. The principle of waiver is inapplicable as the Appellant did not consciously abandon any existing legal right. The Adjudicating Authority lacks jurisdiction to consider objections on the merits of the Section 95 application before appointing a Resolution Professional, as clarified by the Supreme Court in Dilip B. Jiwrajka's case. The order dismissing the Section 95 application is set aside, and the appeal is allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
