Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency professional agency governance rules amended to add nominee directors, tighten independent director eligibility, and regulate managing dire...
Existence of financial debt was affirmed where original loan was sanctioned by a bank and subsequently assigned to an ARC, reflected in the corporate debtor's audited accounts and supporting security documents, so debt and default were established for Section 7 admission. The application was within limitation as per audited acknowledgements. Procedural defects-authorization, inadequate stamping, non-service on Information Utility-were treated as curable when cured during proceedings and did not defeat admission. Electronic records and bank statements were admissible at admission stage without a Section 65B certificate, and allegations of mala fides were unsustainable on the record.
Existence of financial debt was affirmed where original loan was sanctioned by a bank and subsequently assigned to an ARC, reflected in the corporate debtor's audited accounts and supporting security documents, so debt and default were established for Section 7 admission. The application was within limitation as per audited acknowledgements. Procedural defects-authorization, inadequate stamping, non-service on Information Utility-were treated as curable when cured during proceedings and did not defeat admission. Electronic records and bank statements were admissible at admission stage without a Section 65B certificate, and allegations of mala fides were unsustainable on the record.
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