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...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The AT adjudicated a challenge to a provisional attachment order involving financial institutions and defaulting entities. Following the NCLT's approval of a Resolution Plan for one company and liquidation of another, the Tribunal held that financial institutions cannot claim release of mortgaged properties beyond amounts settled in the Resolution Plan. The Tribunal lacked jurisdiction to resolve inter-se disputes between parties and directed financial institutions to pursue appropriate remedies under applicable statutes. The appeals were disposed of, granting liberty to seek recourse through suitable legal mechanisms, with explicit reference to Section 32A of IBC and Section 8(7) of the Act of 2002.
The AT adjudicated a challenge to a provisional attachment order involving financial institutions and defaulting entities. Following the NCLT's approval of a Resolution Plan for one company and liquidation of another, the Tribunal held that financial institutions cannot claim release of mortgaged properties beyond amounts settled in the Resolution Plan. The Tribunal lacked jurisdiction to resolve inter-se disputes between parties and directed financial institutions to pursue appropriate remedies under applicable statutes. The appeals were disposed of, granting liberty to seek recourse through suitable legal mechanisms, with explicit reference to Section 32A of IBC and Section 8(7) of the Act of 2002.
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