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...
Valid invocation of a guarantee was established by a recovery certificate and subsequent demand notices, rendering a petition under Section 95 maintainable and defeating the limitation plea. Service on the personal guarantor by email, speed post, newspaper publication and electronic messaging was found effective; the guarantor was aware yet deliberately abstained, justifying ex parte admission. An assignment to an assignee during proceedings did not vitiate the petition because the assignee steps into the assignor's shoes and retains locus. Deliberate non participation and parallel remedies amounted to abuse of process, disentitling relief and attracting exemplary costs.
Valid invocation of a guarantee was established by a recovery certificate and subsequent demand notices, rendering a petition under Section 95 maintainable and defeating the limitation plea. Service on the personal guarantor by email, speed post, newspaper publication and electronic messaging was found effective; the guarantor was aware yet deliberately abstained, justifying ex parte admission. An assignment to an assignee during proceedings did not vitiate the petition because the assignee steps into the assignor's shoes and retains locus. Deliberate non participation and parallel remedies amounted to abuse of process, disentitling relief and attracting exemplary costs.
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