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...
Admission under the Insolvency and Bankruptcy Code (section reference omitted) was contested on date-of-default and limitation grounds but the dispute turned on an executed MOU, acknowledged receipt of funds, continuous failure to perform, and an arbitral award rendered as an executable decree. The award's finality and enforceability was treated as operative for limitation (a subsequent suo motu writ order was invoked in support). Non appearance and ex parte proceedings before the arbitral forum and tribunal informed findings on the corporate debtor's conduct and intention, and the appellate challenge was dismissed as lacking merit.
Admission under the Insolvency and Bankruptcy Code (section reference omitted) was contested on date-of-default and limitation grounds but the dispute turned on an executed MOU, acknowledged receipt of funds, continuous failure to perform, and an arbitral award rendered as an executable decree. The award's finality and enforceability was treated as operative for limitation (a subsequent suo motu writ order was invoked in support). Non appearance and ex parte proceedings before the arbitral forum and tribunal informed findings on the corporate debtor's conduct and intention, and the appellate challenge was dismissed as lacking merit.
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