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...
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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