Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Valuation of security shares was treated as a separate issue and not decided on merits; the tribunal held that rejecting the company petition solely because valuation was to be determined by a parallel forum was impermissible, so the petition must be decided independently on its own merits. Consequently, the impugned order rejecting the petition was quashed and the company petition revived for adjudication. The decision emphasises that valuation proceedings before a debt recovery forum cannot automatically preclude maintainability of an insolvency petition and that parallel-forum directions in prior judgments do not oust independent section-wise adjudication under the insolvency regime.
Valuation of security shares was treated as a separate issue and not decided on merits; the tribunal held that rejecting the company petition solely because valuation was to be determined by a parallel forum was impermissible, so the petition must be decided independently on its own merits. Consequently, the impugned order rejecting the petition was quashed and the company petition revived for adjudication. The decision emphasises that valuation proceedings before a debt recovery forum cannot automatically preclude maintainability of an insolvency petition and that parallel-forum directions in prior judgments do not oust independent section-wise adjudication under the insolvency regime.
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