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...
A resolution plan that expressly addresses insolvency resolution process (CIRP) costs makes those costs final and unassailable; however, where claimed CIRP costs were never placed before or approved by the committee of creditors as CIRP costs, those claims cannot be allowed. The tribunal examined merits and found the impugned related-party transaction approvals were for business continuity, not approvals of CIRP cost under the CIRP Regulations, so the adjudicating authority correctly rejected the application seeking payment. Consequently, the appeals challenging that rejection were dismissed for lack of merit.
A resolution plan that expressly addresses insolvency resolution process (CIRP) costs makes those costs final and unassailable; however, where claimed CIRP costs were never placed before or approved by the committee of creditors as CIRP costs, those claims cannot be allowed. The tribunal examined merits and found the impugned related-party transaction approvals were for business continuity, not approvals of CIRP cost under the CIRP Regulations, so the adjudicating authority correctly rejected the application seeking payment. Consequently, the appeals challenging that rejection were dismissed for lack of merit.
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