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...
An approved resolution plan has binding effect to extinguish admitted debt and related securities, preventing dissenting financial creditors from continuing enforcement or recovery; where the plan resolves the claim, pre-existing attachments and third party securities cease to provide a basis for recovery. The tribunal found that attachments under the Maharashtra Cooperative Societies Act made to recover dues consequent to the financial creditor's claim are released by the plan's operative clause and cannot be relied upon post approval. Repeated objections by a dissenting creditor were held untenable in light of earlier appellate finality; the appeal was allowed, restraining further enforcement contrary to the plan.
An approved resolution plan has binding effect to extinguish admitted debt and related securities, preventing dissenting financial creditors from continuing enforcement or recovery; where the plan resolves the claim, pre-existing attachments and third party securities cease to provide a basis for recovery. The tribunal found that attachments under the Maharashtra Cooperative Societies Act made to recover dues consequent to the financial creditor's claim are released by the plan's operative clause and cannot be relied upon post approval. Repeated objections by a dissenting creditor were held untenable in light of earlier appellate finality; the appeal was allowed, restraining further enforcement contrary to the plan.
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