Inventory write-off and fraudulent/wrongful trading allegations in corporate insolvency led to director liability principles applied and appeal dismis...
Invocation by legal notice was held sufficient to sustain a guarantee invocation application, and the Adjudicating Authority's rejection for lack of a demand notice was quashed. The interim moratorium principle was applied to commence from filing of the guarantee invocation application, so defects alleged by the auction purchaser did not prevent moratorium. Documentary shortfalls (income-tax returns) were found not to render the petition defective, and the petition was reinstated. The Adjudicating Authority was directed to exercise jurisdiction and pass fresh orders under the revival provision without delay.
Invocation by legal notice was held sufficient to sustain a guarantee invocation application, and the Adjudicating Authority's rejection for lack of a demand notice was quashed. The interim moratorium principle was applied to commence from filing of the guarantee invocation application, so defects alleged by the auction purchaser did not prevent moratorium. Documentary shortfalls (income-tax returns) were found not to render the petition defective, and the petition was reinstated. The Adjudicating Authority was directed to exercise jurisdiction and pass fresh orders under the revival provision without delay.
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