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 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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