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...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
The dominant issue was whether 20.08.2024 to 28.05.2025 should be excluded from the CIRP timeline as a period during which the process could not effectively progress due to directions of the Adjudicating Authority. The tribunal held that CoC decision-making was restrained pending claim verification, and even where voting was permitted, implementation required prior leave, materially impeding CIRP progress; further, disputes and changes regarding the resolution professional also disrupted the process. Consequently, the impugned order was modified to grant exclusion of this 281-day period, while affirming the exclusion already granted for the other period; the appeal was disposed of. - NCLAT
The dominant issue was whether 20.08.2024 to 28.05.2025 should be excluded from the CIRP timeline as a period during which the process could not effectively progress due to directions of the Adjudicating Authority. The tribunal held that CoC decision-making was restrained pending claim verification, and even where voting was permitted, implementation required prior leave, materially impeding CIRP progress; further, disputes and changes regarding the resolution professional also disrupted the process. Consequently, the impugned order was modified to grant exclusion of this 281-day period, while affirming the exclusion already granted for the other period; the appeal was disposed of. - NCLAT
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