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...
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HC quashed notices issued under FEMA during Corporate Insolvency Resolution Process (CIRP), holding that IBC provisions override FEMA regulations. The court determined that the moratorium under Section 14 of IBC prohibits continuation of legal proceedings against corporate debtor, regardless of when original proceedings were initiated. Section 33(5) and judicial precedents further supported the ruling that IBC protections supersede FEMA provisions. While notices were invalidated, the court clarified that individual directors could still face potential legal action for pre-CIRP misconduct. The petition was ultimately allowed, effectively protecting the corporate debtor's assets during liquidation proceedings.
HC quashed notices issued under FEMA during Corporate Insolvency Resolution Process (CIRP), holding that IBC provisions override FEMA regulations. The court determined that the moratorium under Section 14 of IBC prohibits continuation of legal proceedings against corporate debtor, regardless of when original proceedings were initiated. Section 33(5) and judicial precedents further supported the ruling that IBC protections supersede FEMA provisions. While notices were invalidated, the court clarified that individual directors could still face potential legal action for pre-CIRP misconduct. The petition was ultimately allowed, effectively protecting the corporate debtor's assets during liquidation proceedings.
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