Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
The dominant issue was whether an appeal against rejection of a belatedly filed claim could yield any effective relief after approval of a resolution plan. The tribunal held that the claim was lodged beyond the prescribed submission date, was never admitted in the CIRP, and therefore did not form part of the approved resolution plan. Applying the principle that, upon plan approval, claims not included stand extinguished, and relying on precedent treating such post-approval challenges as infructuous, it concluded that no substantive relief could be granted. The appeal was dismissed as infructuous. - NCLAT
The dominant issue was whether an appeal against rejection of a belatedly filed claim could yield any effective relief after approval of a resolution plan. The tribunal held that the claim was lodged beyond the prescribed submission date, was never admitted in the CIRP, and therefore did not form part of the approved resolution plan. Applying the principle that, upon plan approval, claims not included stand extinguished, and relying on precedent treating such post-approval challenges as infructuous, it concluded that no substantive relief could be granted. The appeal was dismissed as infructuous. - NCLAT
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