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...
IBBI's locus standi to maintain a review petition was upheld because the IBC empowers it to regulate insolvency professionals and to entertain complaints, investigate, and initiate disciplinary action regarding their conduct; hence it could seek review of an order impacting liquidation administration. However, review was refused as the liquidation sale process was conducted under the statutory framework, guided by decisions of the stakeholders' consultation committee and supervised through orders of the adjudicating authority, with no contemporaneous objection or finding of wrongdoing by the SCC, NCLT or NCLAT; allegations of suppression and fraud were also found unsupported since relevant auction and disciplinary materials were already on record. The review petition was dismissed. - HC
IBBI's locus standi to maintain a review petition was upheld because the IBC empowers it to regulate insolvency professionals and to entertain complaints, investigate, and initiate disciplinary action regarding their conduct; hence it could seek review of an order impacting liquidation administration. However, review was refused as the liquidation sale process was conducted under the statutory framework, guided by decisions of the stakeholders' consultation committee and supervised through orders of the adjudicating authority, with no contemporaneous objection or finding of wrongdoing by the SCC, NCLT or NCLAT; allegations of suppression and fraud were also found unsupported since relevant auction and disciplinary materials were already on record. The review petition was dismissed. - HC
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