Inventory write-off and fraudulent/wrongful trading allegations in corporate insolvency led to director liability principles applied and appeal dismis...
Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Financial default and threshold: Tribunal found the financial creditor proved debt and default under the loan agreements and that the default amount exceeded the statutory threshold, therefore the adjudicating authority's initiation of CIRP was justified - order upheld. Scope of CIRP and relevance of securities: holding that where securities are confined to specified projects, CIRP and the moratorium cannot engulf unrelated projects; CIRP is limited to projects listed in the security/sanction documents (Mother City Lucknow, Mother City Extension including Sushant Golf City, and specified Ajmer, Jodhpur and Jaipur projects) and must proceed project-wise with resolution modality to be determined by the adjudicating authority. - NCLAT
Financial default and threshold: Tribunal found the financial creditor proved debt and default under the loan agreements and that the default amount exceeded the statutory threshold, therefore the adjudicating authority's initiation of CIRP was justified - order upheld. Scope of CIRP and relevance of securities: holding that where securities are confined to specified projects, CIRP and the moratorium cannot engulf unrelated projects; CIRP is limited to projects listed in the security/sanction documents (Mother City Lucknow, Mother City Extension including Sushant Golf City, and specified Ajmer, Jodhpur and Jaipur projects) and must proceed project-wise with resolution modality to be determined by the adjudicating authority. - NCLAT
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