Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Application under the Insolvency Code seeking initiation of insolvency via a guarantor was time barred under the Limitation Act: the tribunal applied the Article 137 three year limitation to applications under Section 94 and found that invocation of the guarantee in 2016-2017, after NPAs declared in 2013-2014, and the applicants' knowledge of potential insolvency filing rendered the 2023 filing barred. Pending debt recovery/security enforcement proceedings did not extend or exclude the limitation period sufficient to save the belated application, which was dismissed.
Application under the Insolvency Code seeking initiation of insolvency via a guarantor was time barred under the Limitation Act: the tribunal applied the Article 137 three year limitation to applications under Section 94 and found that invocation of the guarantee in 2016-2017, after NPAs declared in 2013-2014, and the applicants' knowledge of potential insolvency filing rendered the 2023 filing barred. Pending debt recovery/security enforcement proceedings did not extend or exclude the limitation period sufficient to save the belated application, which was dismissed.
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