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...
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NCLAT analyzed the maintainability of a Section 9 application for gratuity claims by workmen against a corporate debtor. The Tribunal held that gratuity claims constitute operational debt under IBC, and no pre-existing dispute existed to bar the application. The suits filed by the corporate debtor were deemed mala fide and not genuine disputes. The prior dismissal of a trade union's Section 9 application on procedural grounds did not operate as res judicata. The Tribunal rejected the corporate debtor's arguments regarding welfare dues and pre-existing disputes, finding the claims legitimate. Consequently, the appeal was dismissed, affirming the workmen's right to pursue their gratuity claims through the insolvency resolution process.
NCLAT analyzed the maintainability of a Section 9 application for gratuity claims by workmen against a corporate debtor. The Tribunal held that gratuity claims constitute operational debt under IBC, and no pre-existing dispute existed to bar the application. The suits filed by the corporate debtor were deemed mala fide and not genuine disputes. The prior dismissal of a trade union's Section 9 application on procedural grounds did not operate as res judicata. The Tribunal rejected the corporate debtor's arguments regarding welfare dues and pre-existing disputes, finding the claims legitimate. Consequently, the appeal was dismissed, affirming the workmen's right to pursue their gratuity claims through the insolvency resolution process.
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