Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
Whether a homebuyer's belated claim can be rejected solely because the resolution plan had already been approved by the CoC was answered in the negative. Relying on binding precedent holding that bona fide allottees who paid substantial consideration cannot be relegated to mere refund claimants contrary to the object of the insolvency framework, the appellate forum held that the claim, as already reflected in the information memorandum prepared by the RP, required substantive treatment in the resolution plan. The rejection order was set aside; the RP was directed to provide claim details to the resolution applicant, who must prepare an addendum for placement before the CoC, and the application was allowed to that extent - NCLAT
Whether a homebuyer's belated claim can be rejected solely because the resolution plan had already been approved by the CoC was answered in the negative. Relying on binding precedent holding that bona fide allottees who paid substantial consideration cannot be relegated to mere refund claimants contrary to the object of the insolvency framework, the appellate forum held that the claim, as already reflected in the information memorandum prepared by the RP, required substantive treatment in the resolution plan. The rejection order was set aside; the RP was directed to provide claim details to the resolution applicant, who must prepare an addendum for placement before the CoC, and the application was allowed to that extent - NCLAT
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