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...
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Simultaneous insolvency proceedings may be initiated and admitted against a corporate debtor and its guarantor where statutory conditions for CIRP are met; the guarantor's liability being co-extensive with the principal supports parallel proceedings, subject to independent examination by the adjudicating authority. Creditors are not compelled to elect or apportion claims between debtor and guarantor because the doctrine of election does not apply absent mutually inconsistent remedies or express statutory mandate. Apprehensions of double enrichment do not bar parallel CIRP proceedings given obligations to update claims and the resolution professional's duty to assess and revise claims, and the adjudicating authority retains reasonable discretion on admission.
Simultaneous insolvency proceedings may be initiated and admitted against a corporate debtor and its guarantor where statutory conditions for CIRP are met; the guarantor's liability being co-extensive with the principal supports parallel proceedings, subject to independent examination by the adjudicating authority. Creditors are not compelled to elect or apportion claims between debtor and guarantor because the doctrine of election does not apply absent mutually inconsistent remedies or express statutory mandate. Apprehensions of double enrichment do not bar parallel CIRP proceedings given obligations to update claims and the resolution professional's duty to assess and revise claims, and the adjudicating authority retains reasonable discretion on admission.
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