Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
NCLAT permitted correction of the nomenclature of the pending application from "Review" to "Recall," noting that the body already treated it as a recall application, and found no necessity to restrain NCLT from proceeding with the creditor's Section 7 IBC application. On the substantive prayer to recall and set aside NCLAT's earlier order (and thereby restore NCLT's dismissal of the Section 7 application), NCLAT held that the applicant was impermissibly seeking a re-appreciation of its judgment in the guise of recall, particularly after having approached the SC and not pressing the appeal. The recall application was dismissed.
NCLAT permitted correction of the nomenclature of the pending application from "Review" to "Recall," noting that the body already treated it as a recall application, and found no necessity to restrain NCLT from proceeding with the creditor's Section 7 IBC application. On the substantive prayer to recall and set aside NCLAT's earlier order (and thereby restore NCLT's dismissal of the Section 7 application), NCLAT held that the applicant was impermissibly seeking a re-appreciation of its judgment in the guise of recall, particularly after having approached the SC and not pressing the appeal. The recall application was dismissed.
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