Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Page of 4811
Press 'Enter' after typing page number.
6941 to 6960 of 96208 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
Whether a writ is maintainable where management changed...
Change of corporate management after approved resolution plan - writ maintainable; property attachment not 'transfer' under PBPT; Section 32A protection
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Whether a writ is maintainable where management changed post-approval of a resolution plan: held that change in management via statutorily approved resolution alters the party composition such that the appellate tribunal cannot decide rights under Section 32A of the IBC; writ maintainable and not barred as parallel remedy - outcome: writ entertained. Whether attachment of property is a transfer under the PBPT Act: held no sale or transfer within Section 2(29) as only management changed under NCLT, so Section 57 inapplicable - outcome: benami provision not attracted. Whether benami status ousts IBC protection: held Section 32A embraces all corporate debtor property and benamidar holds subject property until governmental confiscation - outcome: attachment orders valid but cannot be acted upon in view of approved resolution. - HC
Whether a writ is maintainable where management changed post-approval of a resolution plan: held that change in management via statutorily approved resolution alters the party composition such that the appellate tribunal cannot decide rights under Section 32A of the IBC; writ maintainable and not barred as parallel remedy - outcome: writ entertained. Whether attachment of property is a transfer under the PBPT Act: held no sale or transfer within Section 2(29) as only management changed under NCLT, so Section 57 inapplicable - outcome: benami provision not attracted. Whether benami status ousts IBC protection: held Section 32A embraces all corporate debtor property and benamidar holds subject property until governmental confiscation - outcome: attachment orders valid but cannot be acted upon in view of approved resolution. - HC
Note: It is a system-generated summary and is for quick reference only.