Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
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Dominant issue one: Whether admission under Section 7 requires inquiry beyond existence of financial debt and default - court held the mandatory inquiry is limited to debt and occurrence of default; admitted defaults, breach of restructuring and non-payment were conclusively established and the narrow Vidarbha exception was inapplicable, therefore admission into CIRP was correctly ordered. Dominant issue two: Whether a homebuyers' society has locus standi to intervene at the Section 7/admission or appellate stage - court held pre-admission proceedings are in personam, the society is neither a financial nor operational creditor and produced no representative mandate, so it has no statutory right to be heard and cannot appeal. - SC
Dominant issue one: Whether admission under Section 7 requires inquiry beyond existence of financial debt and default - court held the mandatory inquiry is limited to debt and occurrence of default; admitted defaults, breach of restructuring and non-payment were conclusively established and the narrow Vidarbha exception was inapplicable, therefore admission into CIRP was correctly ordered. Dominant issue two: Whether a homebuyers' society has locus standi to intervene at the Section 7/admission or appellate stage - court held pre-admission proceedings are in personam, the society is neither a financial nor operational creditor and produced no representative mandate, so it has no statutory right to be heard and cannot appeal. - SC
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