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...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Transfer of an admitted winding-up petition to the Tribunal must be examined afresh under the I&B Code and not mechanically admitted under Section 9; the Tribunal applied the Code's statutory parameters and held the applicable minimum default threshold must be assessed as on the date of conversion, rendering the converted application ineligible for admission. The claim for contractual interest at 24% was a unilateral invoice term and, absent agreement or acceptance, could not be included in the admitted debt. A claimed pre-existing dispute was held not bona fide. Independently, the Corporate Debtor was directed to pay the deposited sum with compound interest.
Transfer of an admitted winding-up petition to the Tribunal must be examined afresh under the I&B Code and not mechanically admitted under Section 9; the Tribunal applied the Code's statutory parameters and held the applicable minimum default threshold must be assessed as on the date of conversion, rendering the converted application ineligible for admission. The claim for contractual interest at 24% was a unilateral invoice term and, absent agreement or acceptance, could not be included in the admitted debt. A claimed pre-existing dispute was held not bona fide. Independently, the Corporate Debtor was directed to pay the deposited sum with compound interest.
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