Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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