Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
A Section 9 IBC application by an operational creditor is liable to be rejected where the information utility record reflects a dispute, since Section 9 is a summary remedy for undisputed operational debt and Section 9(5)(ii)(d) mandates rejection upon existence of dispute. As the operational creditor itself produced the information utility certificate showing a recorded dispute, the adjudicating authority erred in admitting the application without addressing that statutory bar; the admission order was set aside and the Section 9 application rejected. Independently, a pre-existing dispute was evident from the corporate debtor's reply to the demand notice disputing liability, attracting Section 9(5)(ii)(d); the appeal was allowed. - NCLAT
A Section 9 IBC application by an operational creditor is liable to be rejected where the information utility record reflects a dispute, since Section 9 is a summary remedy for undisputed operational debt and Section 9(5)(ii)(d) mandates rejection upon existence of dispute. As the operational creditor itself produced the information utility certificate showing a recorded dispute, the adjudicating authority erred in admitting the application without addressing that statutory bar; the admission order was set aside and the Section 9 application rejected. Independently, a pre-existing dispute was evident from the corporate debtor's reply to the demand notice disputing liability, attracting Section 9(5)(ii)(d); the appeal was allowed. - NCLAT
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