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...
A person who was earlier a successful resolution applicant and later defaulted in implementing the resolution plan has no enforceable right to be heard on an application for liquidation and appointment of a liquidator, as this determination concerns the creditor-adjudicating authority matrix regarding subsisting financial liability, plan implementation, and default warranting liquidation. Since liquidation and liquidator appointment confer no specific statutory role or legal right on such person, non-issuance of notice is not infirm, including in light of the adjudicating authority's powers under the IBC. The person may only intervene with a limited right of audience at the stage of final orders, and the appeal challenging non-joinder was dismissed - NCLAT
A person who was earlier a successful resolution applicant and later defaulted in implementing the resolution plan has no enforceable right to be heard on an application for liquidation and appointment of a liquidator, as this determination concerns the creditor-adjudicating authority matrix regarding subsisting financial liability, plan implementation, and default warranting liquidation. Since liquidation and liquidator appointment confer no specific statutory role or legal right on such person, non-issuance of notice is not infirm, including in light of the adjudicating authority's powers under the IBC. The person may only intervene with a limited right of audience at the stage of final orders, and the appeal challenging non-joinder was dismissed - NCLAT
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