Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
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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