Appeal dismissed; merger validity not reopened, leasehold rights transferred to corporate debtor formed liquidation estate; section 36(4)(a)(iv) inapp...
The SC allowed the appeal and set aside the impugned orders, holding that the belated show cause cum demand notice dated 05.06.2021 and the original order dated 23.01.2024 were invalid by reason of delay and laches. The Court found the HC erred in relegating the appellant to alternative remedy instead of adjudicating the writ petition in light of this Court's precedent treating notices issued after an excessive lapse as time-barred. Applying the principle of unreasonable delay, the SC quashed the show cause notice and original order, concluded the statutory action was beyond a reasonable period, and disposed of the appeal in favor of the appellant.
The SC allowed the appeal and set aside the impugned orders, holding that the belated show cause cum demand notice dated 05.06.2021 and the original order dated 23.01.2024 were invalid by reason of delay and laches. The Court found the HC erred in relegating the appellant to alternative remedy instead of adjudicating the writ petition in light of this Court's precedent treating notices issued after an excessive lapse as time-barred. Applying the principle of unreasonable delay, the SC quashed the show cause notice and original order, concluded the statutory action was beyond a reasonable period, and disposed of the appeal in favor of the appellant.
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