Misdeclaration of quantity rejected where supplier evidence established counting errors, so reassessment, confiscation and redemption fine were set as...
Admissibility of electronic evidence controls valuation and penalty exposure; non compliant e records and statements nullify revaluation and penalties...
Clarifications to a resolution plan that only address timing and operational aspects-such as confirmation that earmarked margin money will be returned to creditors and assurance of temporary replacement margin to banks-do not constitute enhancement or modification of the plan; similarly, explaining that a stated figure is the discounted present value of deferred payments does not alter the commercial offer. The resolution professional who acted on explicit Committee of Creditors instructions did not commit material irregularity. Concurrent factual findings that no modification or material irregularity occurred bar judicial substitution of the CoC's commercial wisdom, and the appeals were dismissed accordingly.
Clarifications to a resolution plan that only address timing and operational aspects-such as confirmation that earmarked margin money will be returned to creditors and assurance of temporary replacement margin to banks-do not constitute enhancement or modification of the plan; similarly, explaining that a stated figure is the discounted present value of deferred payments does not alter the commercial offer. The resolution professional who acted on explicit Committee of Creditors instructions did not commit material irregularity. Concurrent factual findings that no modification or material irregularity occurred bar judicial substitution of the CoC's commercial wisdom, and the appeals were dismissed accordingly.
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