Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
The appellate forum held that the claimant's filing was not barred by limitation because the claims invitation fell within the SC's suo motu excluded period, and the claimant was entitled to that benefit; consequently, rejection on "delay/limitation" was untenable. However, it upheld rejection on merits, finding substantial doubt about the loan document's authenticity due to irregular stamp paper particulars, absence of corporate authorization (e.g., board resolution) for execution, non-production of the original agreement to the resolution professional, and non-reflection of interest in financial statements when the claimant controlled management. The adjudicating authority could invoke inherent powers under Rule 11 to examine genuineness, and the claim was treated as not bona fide; the appeal was dismissed. - NCLAT
The appellate forum held that the claimant's filing was not barred by limitation because the claims invitation fell within the SC's suo motu excluded period, and the claimant was entitled to that benefit; consequently, rejection on "delay/limitation" was untenable. However, it upheld rejection on merits, finding substantial doubt about the loan document's authenticity due to irregular stamp paper particulars, absence of corporate authorization (e.g., board resolution) for execution, non-production of the original agreement to the resolution professional, and non-reflection of interest in financial statements when the claimant controlled management. The adjudicating authority could invoke inherent powers under Rule 11 to examine genuineness, and the claim was treated as not bona fide; the appeal was dismissed. - NCLAT
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