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...
RPA (Remote Pilot Aircraft) for military use defined to include drones/UAV/UAS; exemptions limited to specified defence imports with Joint Secretary c...
Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
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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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