Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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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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