Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
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Auction sale of an attached yacht belonging to the corporate debtor was challenged as violating the moratorium under s.14 IBC and was set aside by the adjudicating authority. Since the magistrate had permitted sale of the attached movable property and the auction was conducted before commencement of CIRP, s.14 IBC was inapplicable and the finding of moratorium breach was legally untenable; the auction was therefore not void. The adjudicating authority also lacked jurisdiction to interfere with an auction conducted pursuant to a criminal court's attachment/sale order, and no further directions were warranted regarding sale proceeds in this appeal; the impugned order was set aside and the appeal allowed. - NCLAT
Auction sale of an attached yacht belonging to the corporate debtor was challenged as violating the moratorium under s.14 IBC and was set aside by the adjudicating authority. Since the magistrate had permitted sale of the attached movable property and the auction was conducted before commencement of CIRP, s.14 IBC was inapplicable and the finding of moratorium breach was legally untenable; the auction was therefore not void. The adjudicating authority also lacked jurisdiction to interfere with an auction conducted pursuant to a criminal court's attachment/sale order, and no further directions were warranted regarding sale proceeds in this appeal; the impugned order was set aside and the appeal allowed. - NCLAT
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