International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
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An operational creditor that submitted a resolution plan and exercised voting rights to approve its own plan breached the statutory prohibition on interested parties voting, creating a conflict of interest and applying nemo judex in causa sua to find the CoC decision void for material irregularity; the approval was vitiated for violating principles of natural justice. The Resolution Professional failed in its duty to flag the conflict and statutory bar, warranting IBBI notice and remedial action. Because the statutory framework does not accommodate this situation, the Tribunal found the plan invalid and concluded liquidation is the only viable outcome for the corporate debtor.
An operational creditor that submitted a resolution plan and exercised voting rights to approve its own plan breached the statutory prohibition on interested parties voting, creating a conflict of interest and applying nemo judex in causa sua to find the CoC decision void for material irregularity; the approval was vitiated for violating principles of natural justice. The Resolution Professional failed in its duty to flag the conflict and statutory bar, warranting IBBI notice and remedial action. Because the statutory framework does not accommodate this situation, the Tribunal found the plan invalid and concluded liquidation is the only viable outcome for the corporate debtor.
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