Business upkeep expenses despite no revenue, director's interest-free advances, and property gift additions-disallowances and notional interest delete...
Insolvency resolution plan's loan assignment between approving and dissenting creditors: post-approval redistribution blocked; original distribution e...
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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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