Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
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Whether a financial debt existed and default occurred: the tribunal held that audit reports, balance sheets and correspondence prima facie established a claim and default; quantification is for later stages, so CIRP commencement was maintainable - outcome: petition upheld and CIRP sustained. Whether allegations of fraud vitiated the documents: fraud must be proved by evidence and the appellant failed to lead any such proof; mere allegation insufficient - outcome: fraud plea rejected. Whether a rejoinder and its public documents could be considered: pleadings including rejoinder are admissible and public documents may be read in evidence without prior permission - outcome: rejoinder and attached documents admitted. - NCLAT
Whether a financial debt existed and default occurred: the tribunal held that audit reports, balance sheets and correspondence prima facie established a claim and default; quantification is for later stages, so CIRP commencement was maintainable - outcome: petition upheld and CIRP sustained. Whether allegations of fraud vitiated the documents: fraud must be proved by evidence and the appellant failed to lead any such proof; mere allegation insufficient - outcome: fraud plea rejected. Whether a rejoinder and its public documents could be considered: pleadings including rejoinder are admissible and public documents may be read in evidence without prior permission - outcome: rejoinder and attached documents admitted. - NCLAT
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