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...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
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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