Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
Recovery certificate issuance was held to trigger a fresh three-year limitation which, together with judicial exclusion of the period of court-mandated suspension, left residual limitation available. Audited financial statements recording counter guarantee and contingent liability and settlement correspondence were treated as acknowledgments under the Limitation Act, each renewing limitation and rendering the Section 7 insolvency petition timely. Withdrawal of the appellate challenge was permitted after settlement, but closure of the CIRP cannot be effected by appellate withdrawal alone; the financial creditor must pursue the statutory termination route through the insolvency process and the IRP, permitting intervention by other stakeholders.
Recovery certificate issuance was held to trigger a fresh three-year limitation which, together with judicial exclusion of the period of court-mandated suspension, left residual limitation available. Audited financial statements recording counter guarantee and contingent liability and settlement correspondence were treated as acknowledgments under the Limitation Act, each renewing limitation and rendering the Section 7 insolvency petition timely. Withdrawal of the appellate challenge was permitted after settlement, but closure of the CIRP cannot be effected by appellate withdrawal alone; the financial creditor must pursue the statutory termination route through the insolvency process and the IRP, permitting intervention by other stakeholders.
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