Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
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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