Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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The note addresses threshold applicability in insolvency petitions, concluding the claimed default date fell outside the temporal provision and therefore the petition could not seek relief under that threshold; this legal point determined maintainability. It also affirms recoverability of contractual interest where invoices and purchase orders expressly provided for post due interest and the statement of account recorded invoice dates, numbers, due dates and interest, making the claimed sums evidentially supported. The article records that the appellate review found no illegality in the impugned order and dismissed the appeal for lack of merit.
The note addresses threshold applicability in insolvency petitions, concluding the claimed default date fell outside the temporal provision and therefore the petition could not seek relief under that threshold; this legal point determined maintainability. It also affirms recoverability of contractual interest where invoices and purchase orders expressly provided for post due interest and the statement of account recorded invoice dates, numbers, due dates and interest, making the claimed sums evidentially supported. The article records that the appellate review found no illegality in the impugned order and dismissed the appeal for lack of merit.
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