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...
Impleadment under Order 1 Rule 10 CPC was considered: applicant failed to show that the lis cannot be effectively decided in his absence, and submitted grounds lacked supporting documents or a distinct legally protectable interest directly affected by the narrow issue (alleged non-consideration of Section 65 in admission). The Resolution Professional had appeared, filed a response and is competent to represent the corporate debtor and obtain information from the suspended director under the insolvency code; consequently impleadment was rejected and the appeal will proceed without the applicant.
Impleadment under Order 1 Rule 10 CPC was considered: applicant failed to show that the lis cannot be effectively decided in his absence, and submitted grounds lacked supporting documents or a distinct legally protectable interest directly affected by the narrow issue (alleged non-consideration of Section 65 in admission). The Resolution Professional had appeared, filed a response and is competent to represent the corporate debtor and obtain information from the suspended director under the insolvency code; consequently impleadment was rejected and the appeal will proceed without the applicant.
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