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...
RPA (Remote Pilot Aircraft) for military use defined to include drones/UAV/UAS; exemptions limited to specified defence imports with Joint Secretary c...
Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
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An execution application seeking impleadment of additional respondents and questioning the dissolution of the award-debtor company on allegations of fraud and misrepresentation was held non-maintainable for want of jurisdiction. Issues arising out of or in relation to insolvency resolution/liquidation, including whether a dissolution order was procured by fraud or whether funds were misappropriated, fall within the wide residuary jurisdiction of the NCLT under s.60(5)(c) IBC, with penalties for fraud contemplated under s.65, and civil court jurisdiction is expressly barred by ss.63 and 231 IBC. Further, an executing court cannot go behind the decree or the dissolution order unless set aside in appropriate proceedings. The execution and interim applications were dismissed - HC
An execution application seeking impleadment of additional respondents and questioning the dissolution of the award-debtor company on allegations of fraud and misrepresentation was held non-maintainable for want of jurisdiction. Issues arising out of or in relation to insolvency resolution/liquidation, including whether a dissolution order was procured by fraud or whether funds were misappropriated, fall within the wide residuary jurisdiction of the NCLT under s.60(5)(c) IBC, with penalties for fraud contemplated under s.65, and civil court jurisdiction is expressly barred by ss.63 and 231 IBC. Further, an executing court cannot go behind the decree or the dissolution order unless set aside in appropriate proceedings. The execution and interim applications were dismissed - HC
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