Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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Pre-existing contractual disputes embedded in prior settlement instruments and allocation agreements required contractual interpretation and quantification of liabilities, therefore they constituted a bona fide pre-existing dispute under the insolvency code and barred admission of a Section 9 petition; the tribunal affirmed the adjudicating authority's refusal to commence CIRP and noted estoppel and absence of a spurious defence, allowing the operational creditor to pursue remedies before appropriate fora.
Pre-existing contractual disputes embedded in prior settlement instruments and allocation agreements required contractual interpretation and quantification of liabilities, therefore they constituted a bona fide pre-existing dispute under the insolvency code and barred admission of a Section 9 petition; the tribunal affirmed the adjudicating authority's refusal to commence CIRP and noted estoppel and absence of a spurious defence, allowing the operational creditor to pursue remedies before appropriate fora.
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