Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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NCLAT addressed a Section 7 IBC petition involving a real estate developer's insolvency proceedings. The Appellate Tribunal held that the petition was not time-barred due to continuing default and debt acknowledgment. Homebuyers were deemed valid financial creditors, satisfying the statutory threshold for initiating Corporate Insolvency Resolution Process (CIRP). The tribunal rejected allegations of fraudulent intent, finding no substantial evidence to support such claims. The Corporate Debtor's objections regarding limitation, threshold, and malicious intent were comprehensively dismissed. The appeal was ultimately rejected, confirming the Adjudicating Authority's order to admit the insolvency petition and commence resolution proceedings against the developer.
NCLAT addressed a Section 7 IBC petition involving a real estate developer's insolvency proceedings. The Appellate Tribunal held that the petition was not time-barred due to continuing default and debt acknowledgment. Homebuyers were deemed valid financial creditors, satisfying the statutory threshold for initiating Corporate Insolvency Resolution Process (CIRP). The tribunal rejected allegations of fraudulent intent, finding no substantial evidence to support such claims. The Corporate Debtor's objections regarding limitation, threshold, and malicious intent were comprehensively dismissed. The appeal was ultimately rejected, confirming the Adjudicating Authority's order to admit the insolvency petition and commence resolution proceedings against the developer.
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