Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Whether the appellant's claim qualified as a "financial debt" under Section 5(8) of the IBC and therefore should have been classified as a financial creditor: the tribunal held that the resolution professional's uploaded List of Creditors treated the appellant as an "other creditor," a classification the appellant did not challenge during CIRP; accordingly the Plan's classification and treatment did not contravene Section 30(2) and warranted no interference - appeal dismissed; appellant remains free to pursue execution of an existing DRT decree against the corporate debtor. - NCLAT
Whether the appellant's claim qualified as a "financial debt" under Section 5(8) of the IBC and therefore should have been classified as a financial creditor: the tribunal held that the resolution professional's uploaded List of Creditors treated the appellant as an "other creditor," a classification the appellant did not challenge during CIRP; accordingly the Plan's classification and treatment did not contravene Section 30(2) and warranted no interference - appeal dismissed; appellant remains free to pursue execution of an existing DRT decree against the corporate debtor. - NCLAT
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