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...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
