Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Whether an arbitral tribunal had jurisdiction to adjudicate a claim after approval of a resolution plan: tribunal found the claim was disclosed as a contingent operational debt in the resolution plan, the CoC and Adjudicating Authority approved the plan under Section 31(1) IBC, and precedent (Electrosteel) holds such approval extinguishes liabilities rendering the tribunal without jurisdiction-impugned arbitral order set aside and proceedings terminated. Whether high court could entertain interference under Articles 226/227: court may interfere only if the arbitral order is perverse or lacks inherent jurisdiction; here that jurisdiction was absent, so petition is allowed. - HC
Whether an arbitral tribunal had jurisdiction to adjudicate a claim after approval of a resolution plan: tribunal found the claim was disclosed as a contingent operational debt in the resolution plan, the CoC and Adjudicating Authority approved the plan under Section 31(1) IBC, and precedent (Electrosteel) holds such approval extinguishes liabilities rendering the tribunal without jurisdiction-impugned arbitral order set aside and proceedings terminated. Whether high court could entertain interference under Articles 226/227: court may interfere only if the arbitral order is perverse or lacks inherent jurisdiction; here that jurisdiction was absent, so petition is allowed. - HC
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