Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
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The Appellate Tribunal dismissed the appeal and upheld the rejection of the Appellant's claim by the Resolution Professional (RP) due to delay. The Committee of Creditors (CoC) had approved the resolution plan on 18.10.2021, while the Appellant filed the claim on 19.03.2022, much after the approval. The Tribunal followed the Supreme Court's judgment in M/s RPS Infra, which held that once the CoC approves the plan, no claim can be entertained, even if the Adjudicating Authority has not yet approved the plan. The Appellant's reliance on the Puneet Kaur case was rendered ineffective by the subsequent M/s RPS Infra judgment. Consequently, the Appellate Tribunal found no error in rejecting the Appellant's belated claim after the CoC's approval of the resolution plan.
The Appellate Tribunal dismissed the appeal and upheld the rejection of the Appellant's claim by the Resolution Professional (RP) due to delay. The Committee of Creditors (CoC) had approved the resolution plan on 18.10.2021, while the Appellant filed the claim on 19.03.2022, much after the approval. The Tribunal followed the Supreme Court's judgment in M/s RPS Infra, which held that once the CoC approves the plan, no claim can be entertained, even if the Adjudicating Authority has not yet approved the plan. The Appellant's reliance on the Puneet Kaur case was rendered ineffective by the subsequent M/s RPS Infra judgment. Consequently, the Appellate Tribunal found no error in rejecting the Appellant's belated claim after the CoC's approval of the resolution plan.
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