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...
In a CIRP concerning a mixed-use real estate project, the dominant issue was whether extraordinary powers could be invoked to ensure an equitable resolution among competing stakeholders, particularly protecting homebuyers, where the ordinary CIRP architecture was viewed as inadequate to secure balanced outcomes. The Court accepted the amicus recommendations and stakeholder responses indicating broad confidence in a court-monitored mechanism, and held that the case warranted exercise of Article 142 to "do complete justice" while maintaining fidelity to IBC objectives. Consequently, it directed a court-appointed committee with judicial oversight to ensure continuity of the resolution process and safeguard homebuyers' rights. - SC
In a CIRP concerning a mixed-use real estate project, the dominant issue was whether extraordinary powers could be invoked to ensure an equitable resolution among competing stakeholders, particularly protecting homebuyers, where the ordinary CIRP architecture was viewed as inadequate to secure balanced outcomes. The Court accepted the amicus recommendations and stakeholder responses indicating broad confidence in a court-monitored mechanism, and held that the case warranted exercise of Article 142 to "do complete justice" while maintaining fidelity to IBC objectives. Consequently, it directed a court-appointed committee with judicial oversight to ensure continuity of the resolution process and safeguard homebuyers' rights. - SC
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