Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
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...
The National Company Law Appellate Tribunal (NCLAT) dismissed the appeals filed against the order of the Adjudicating Authority directing lenders to release Non-Fund Based (NFB) facilities as per the approved Resolution Plan. The NCLAT held that when a Resolution Plan is approved, it is obligatory for all stakeholders to act in a manner to implement it. Except Bank of Baroda, no other lender had issued bank guarantees or letters of credit, despite the Resolution Plan providing for roll-over of NFB facilities. The company, being an EPC contractor, requires NFB facilities to undertake contracts and generate revenue for repayment obligations under the Resolution Plan. Non-release of NFB limits would jeopardize the company's operations and impact repayment to assenting creditors. The NFB Agreement must be interpreted harmoniously with the Resolution Plan to give effect to its intent and not render its clauses unworkable.
The National Company Law Appellate Tribunal (NCLAT) dismissed the appeals filed against the order of the Adjudicating Authority directing lenders to release Non-Fund Based (NFB) facilities as per the approved Resolution Plan. The NCLAT held that when a Resolution Plan is approved, it is obligatory for all stakeholders to act in a manner to implement it. Except Bank of Baroda, no other lender had issued bank guarantees or letters of credit, despite the Resolution Plan providing for roll-over of NFB facilities. The company, being an EPC contractor, requires NFB facilities to undertake contracts and generate revenue for repayment obligations under the Resolution Plan. Non-release of NFB limits would jeopardize the company's operations and impact repayment to assenting creditors. The NFB Agreement must be interpreted harmoniously with the Resolution Plan to give effect to its intent and not render its clauses unworkable.
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