Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
The Adjudicating Authority retained jurisdiction to decide the pending application for recovery of corporate debtor's assets even after approval of the resolution plan, since the application had been filed and contested prior to plan approval and was validly continued by substitution of the successful resolution applicant/corporate debtor; the jurisdictional objection was rejected. The Authority also had jurisdiction under Section 60(5) IBC to examine the MoU and related rights; the unregistered MoU, premised on disputed cash payments and surrounded by credibility concerns, was not an agreement to sell and could not confer protection under Section 53A TPA, rendering the appellant an unauthorised occupant; eviction and handover were upheld. Usage charges were sustained, payable upon proper determination. - NCLAT
The Adjudicating Authority retained jurisdiction to decide the pending application for recovery of corporate debtor's assets even after approval of the resolution plan, since the application had been filed and contested prior to plan approval and was validly continued by substitution of the successful resolution applicant/corporate debtor; the jurisdictional objection was rejected. The Authority also had jurisdiction under Section 60(5) IBC to examine the MoU and related rights; the unregistered MoU, premised on disputed cash payments and surrounded by credibility concerns, was not an agreement to sell and could not confer protection under Section 53A TPA, rendering the appellant an unauthorised occupant; eviction and handover were upheld. Usage charges were sustained, payable upon proper determination. - NCLAT
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