Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
NCLAT held that the applications u/s 95 IBC filed by the creditor against the personal guarantors of the principal borrower were within limitation. The Tribunal noted two relevant dates: 27.06.2019 (recovery certificate) and 23.09.2019 (acceptance of OTS proposal by the borrower). The latter constituted an acknowledgment of debt under applicable limitation principles, thereby commencing a fresh three-year limitation period, further extended by exclusion of 15.03.2020 to 28.02.2022 pursuant to SC orders on Covid-19. Consequently, the application filed on 10.08.2024 was held timely. NCLAT also rejected the guarantors' contention that their guarantees had not been validly invoked, holding that the notice dated 29.11.2013 under Rule 7 was a statutory notice issued after invocation. Finding no merit in the grounds urged, NCLAT dismissed all appeals filed by the guarantors.
NCLAT held that the applications u/s 95 IBC filed by the creditor against the personal guarantors of the principal borrower were within limitation. The Tribunal noted two relevant dates: 27.06.2019 (recovery certificate) and 23.09.2019 (acceptance of OTS proposal by the borrower). The latter constituted an acknowledgment of debt under applicable limitation principles, thereby commencing a fresh three-year limitation period, further extended by exclusion of 15.03.2020 to 28.02.2022 pursuant to SC orders on Covid-19. Consequently, the application filed on 10.08.2024 was held timely. NCLAT also rejected the guarantors' contention that their guarantees had not been validly invoked, holding that the notice dated 29.11.2013 under Rule 7 was a statutory notice issued after invocation. Finding no merit in the grounds urged, NCLAT dismissed all appeals filed by the guarantors.
Note: It is a system-generated summary and is for quick reference only.