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...
Broker trading-system "technical glitch" redefinition and narrowed incident-reporting regime for large IBT/STWT brokers requiring 2-hr notice and 14-w...
Approval of a corporate debtor's resolution plan was held not to ipso facto discharge a third-party security provider/surety from contractual liability. The plan expressly preserved financial creditors' rights against third parties, including existing promoters/security providers, in respect of the "unsustainable debt," while stipulating that any claim by such third parties against the corporate debtor or resolution applicant arising from invocation/enforcement of the security would be settled at NIL value. On this construction, the plan did not extinguish the entire debt so as to bar creditor claims against the third-party security provider. The appeal was dismissed. - SC
Approval of a corporate debtor's resolution plan was held not to ipso facto discharge a third-party security provider/surety from contractual liability. The plan expressly preserved financial creditors' rights against third parties, including existing promoters/security providers, in respect of the "unsustainable debt," while stipulating that any claim by such third parties against the corporate debtor or resolution applicant arising from invocation/enforcement of the security would be settled at NIL value. On this construction, the plan did not extinguish the entire debt so as to bar creditor claims against the third-party security provider. The appeal was dismissed. - SC
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