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...
Whether an operational creditor's Section 9 application satisfied the statutory monetary threshold required determination of the actual operational debt, including disputes on charging of double licence fee and amenities and the effect of termination of the leave and licence and amenities agreements after expiry of the lock-in period. The adjudicating authority erred by not examining these issues in sufficient depth and by failing to compute the amount due to ascertain if the threshold was crossed, rendering the order non-speaking on a material jurisdictional precondition. The impugned order was set aside and the matter was remanded for fresh adjudication by a speaking order. - NCLAT
Whether an operational creditor's Section 9 application satisfied the statutory monetary threshold required determination of the actual operational debt, including disputes on charging of double licence fee and amenities and the effect of termination of the leave and licence and amenities agreements after expiry of the lock-in period. The adjudicating authority erred by not examining these issues in sufficient depth and by failing to compute the amount due to ascertain if the threshold was crossed, rendering the order non-speaking on a material jurisdictional precondition. The impugned order was set aside and the matter was remanded for fresh adjudication by a speaking order. - NCLAT
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