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...
The appeal challenged initiation of the corporate insolvency resolution process as collusive and malicious and sought recall of admission; tribunal held the corporate debtor had validly authorised a representative by board resolution, undermining objections to representation, and found no material proving fraudulent initiation. The tribunal applied the strict standard of proof required for recalling an admission and concluded the applicant failed to meet that standard, so the adjudicating authority correctly rejected the recall application. Consequently the challenge to the Section 7 proceedings was dismissed and the admission order was maintained.
The appeal challenged initiation of the corporate insolvency resolution process as collusive and malicious and sought recall of admission; tribunal held the corporate debtor had validly authorised a representative by board resolution, undermining objections to representation, and found no material proving fraudulent initiation. The tribunal applied the strict standard of proof required for recalling an admission and concluded the applicant failed to meet that standard, so the adjudicating authority correctly rejected the recall application. Consequently the challenge to the Section 7 proceedings was dismissed and the admission order was maintained.
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