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 dismissed the appeal challenging the appointment of a Resolution Professional (RP) under Section 95 and Section 97 of the Insolvency and Bankruptcy Code. The Tribunal held that personal guarantors lack standing to challenge RP appointment as a procedural step, and their rights are safeguarded by the ability to file objections against the RP's report. The proceedings from Sections 95 to 100 do not have adjudicatory effect, and the appointment process remains exclusively within the Adjudicating Authority's discretion. The appeal was deemed non-tenable, with the original RP appointment order being upheld as statutorily compliant.
NCLAT dismissed the appeal challenging the appointment of a Resolution Professional (RP) under Section 95 and Section 97 of the Insolvency and Bankruptcy Code. The Tribunal held that personal guarantors lack standing to challenge RP appointment as a procedural step, and their rights are safeguarded by the ability to file objections against the RP's report. The proceedings from Sections 95 to 100 do not have adjudicatory effect, and the appointment process remains exclusively within the Adjudicating Authority's discretion. The appeal was deemed non-tenable, with the original RP appointment order being upheld as statutorily compliant.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
