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...
The dominant issue was whether the adjudicating authority could decide an interlocutory application on merits despite a pre-pronouncement request to withdraw it. The tribunal accepted the counsel's affidavit and subsequent praecipe as credible evidence that withdrawal was sought, and held that the reliefs originally claimed were in any event overly wide and general. Consequently, deciding the application on merits despite the withdrawal request was unjustified; the impugned order dismissing the application was set aside, with liberty to file a fresh interlocutory application seeking appropriately framed reliefs for consideration in accordance with law, and the appeal was disposed of - NCLAT
The dominant issue was whether the adjudicating authority could decide an interlocutory application on merits despite a pre-pronouncement request to withdraw it. The tribunal accepted the counsel's affidavit and subsequent praecipe as credible evidence that withdrawal was sought, and held that the reliefs originally claimed were in any event overly wide and general. Consequently, deciding the application on merits despite the withdrawal request was unjustified; the impugned order dismissing the application was set aside, with liberty to file a fresh interlocutory application seeking appropriately framed reliefs for consideration in accordance with law, and the appeal was disposed of - NCLAT
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