Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
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The liquidator's Process Information Document reserves broad discretion to reject bids and to annul and recommence an e auction to maximise realisation; the Court found that re auction with a higher reserve price may serve value maximisation and stakeholder interest, and that the liquidator may move the appellate tribunal for relief. The High Court declined to entertain the petition and an application to recall its prior order, noting the prior order recorded the liquidator's undertaking to approach the appellate forum and that NCLAT/NCLT have regulatory jurisdiction to decide annulment, re auction and objections. The petition was disposed accordingly.
The liquidator's Process Information Document reserves broad discretion to reject bids and to annul and recommence an e auction to maximise realisation; the Court found that re auction with a higher reserve price may serve value maximisation and stakeholder interest, and that the liquidator may move the appellate tribunal for relief. The High Court declined to entertain the petition and an application to recall its prior order, noting the prior order recorded the liquidator's undertaking to approach the appellate forum and that NCLAT/NCLT have regulatory jurisdiction to decide annulment, re auction and objections. The petition was disposed accordingly.
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