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 Appellate Tribunal held that an approved resolution plan, restored and implemented prior to the impugned order, carries binding effect and precludes inconsistent adverse action; accordingly claims not incorporated in the sanctioned plan are extinguished to the extent the plan governs creditor treatment. The tribunal relied on a prior higher-court precedent restoring plan approval and concluded the impugned administrative order could not stand; the impugned order was set aside and the appellant company's appeal allowed, with pending applications disposed of accordingly.
The Appellate Tribunal held that an approved resolution plan, restored and implemented prior to the impugned order, carries binding effect and precludes inconsistent adverse action; accordingly claims not incorporated in the sanctioned plan are extinguished to the extent the plan governs creditor treatment. The tribunal relied on a prior higher-court precedent restoring plan approval and concluded the impugned administrative order could not stand; the impugned order was set aside and the appellant company's appeal allowed, with pending applications disposed of accordingly.
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