Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Admission of belated claims that are reflected in the corporate debtor's books and information memorandum requires that those claim details be furnished to the Resolution Applicant so an addendum to the resolution plan can be prepared and placed before the Committee of Creditors; the Tribunal applied the reasoning in Puneet Kaur and distinguished Pooja Mehra, rejecting that mere adjustment of unclaimed units satisfied the claim where payment was not applied to the unit. Outcome: RP to submit recorded claimant details to the RA, RA to prepare an addendum for CoC consideration, and the Adjudicating Authority to consider the addendum and CoC minutes at plan approval.
Admission of belated claims that are reflected in the corporate debtor's books and information memorandum requires that those claim details be furnished to the Resolution Applicant so an addendum to the resolution plan can be prepared and placed before the Committee of Creditors; the Tribunal applied the reasoning in Puneet Kaur and distinguished Pooja Mehra, rejecting that mere adjustment of unclaimed units satisfied the claim where payment was not applied to the unit. Outcome: RP to submit recorded claimant details to the RA, RA to prepare an addendum for CoC consideration, and the Adjudicating Authority to consider the addendum and CoC minutes at plan approval.
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