Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
A High Court found that respondent No.3 was fraudulently incorporated with a name strikingly similar to the petitioner corporate debtor, breaching the prohibition on similar names (Section 4(2)(a)) and Rule 8; the court held the difference of a single letter and shared addresses, domain use and replicated letterhead demonstrated bad faith, and cancelled respondent No.3's registration. The court directed respondent No.4 (bank) to remit the account balance of the fraudulently incorporated entity to the petitioner's liquidation account. Directions for inquiry, penalties and compensation against respondent No.1 were reserved with liberty to file additional affidavits.
A High Court found that respondent No.3 was fraudulently incorporated with a name strikingly similar to the petitioner corporate debtor, breaching the prohibition on similar names (Section 4(2)(a)) and Rule 8; the court held the difference of a single letter and shared addresses, domain use and replicated letterhead demonstrated bad faith, and cancelled respondent No.3's registration. The court directed respondent No.4 (bank) to remit the account balance of the fraudulently incorporated entity to the petitioner's liquidation account. Directions for inquiry, penalties and compensation against respondent No.1 were reserved with liberty to file additional affidavits.
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