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...
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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