Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
The Tribunal held that homebuyers as a class of creditors met the quantitative threshold for initiating a Section 7 application because the corporate debtor's developed-share entitlement produced sufficient allotted units; therefore the Section 7 petition should not have been dismissed on threshold grounds. The Tribunal treated the development agreement allocation (18% share) and actual units sold by the corporate debtor as relevant to eligibility at filing, and concluded the threshold is assessed at filing rather than later-consequence: remand to the Adjudicating Authority. The Tribunal also noted maintainability of proceedings against related landowner/developer parties forming the same project and recorded ex parte conduct by the corporate debtor, without deciding merits.
The Tribunal held that homebuyers as a class of creditors met the quantitative threshold for initiating a Section 7 application because the corporate debtor's developed-share entitlement produced sufficient allotted units; therefore the Section 7 petition should not have been dismissed on threshold grounds. The Tribunal treated the development agreement allocation (18% share) and actual units sold by the corporate debtor as relevant to eligibility at filing, and concluded the threshold is assessed at filing rather than later-consequence: remand to the Adjudicating Authority. The Tribunal also noted maintainability of proceedings against related landowner/developer parties forming the same project and recorded ex parte conduct by the corporate debtor, without deciding merits.
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