Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
Operational creditor sought admission of a s.9 application based on invoices, relying on book adjustments and ledger entries to extend limitation and meet the threshold. The tribunal held that any acknowledgement after expiry of the three-year limitation is ineffective, and a journal entry merely transferring historic liabilities between units does not constitute a valid acknowledgement under s.18 nor revive time-barred invoices. A signed balance/ledger confirmation, being ambiguous and lacking an express promise to pay, did not attract s.25(3) of the Contract Act to create a fresh obligation, and interest was disallowed absent contractual terms. Consequently, the operational debt remained time-barred and the threshold finding stood; the appeal was dismissed. - NCLAT
Operational creditor sought admission of a s.9 application based on invoices, relying on book adjustments and ledger entries to extend limitation and meet the threshold. The tribunal held that any acknowledgement after expiry of the three-year limitation is ineffective, and a journal entry merely transferring historic liabilities between units does not constitute a valid acknowledgement under s.18 nor revive time-barred invoices. A signed balance/ledger confirmation, being ambiguous and lacking an express promise to pay, did not attract s.25(3) of the Contract Act to create a fresh obligation, and interest was disallowed absent contractual terms. Consequently, the operational debt remained time-barred and the threshold finding stood; the appeal was dismissed. - NCLAT
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