Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Induction of a strategic investor into a bidding consortium under Regulation 39(1B) was held compliant where the consortium disclosed the investor in a revised plan, the resolution professional performed eligibility and Section 29A checks, a consortium agreement existed, revised plans were circulated and e voting occurred; the induction was not a surreptitious circumvention and related RFRP contractual modification was permissible, so the contrary finding was set aside. The alleged material irregularity for delayed circulation to erstwhile directors failed on the documented chronology and e voting opportunity. The CoC's unanimous commercial choice was treated as within its commercial wisdom and not for substitution by the adjudicatory forum.
Induction of a strategic investor into a bidding consortium under Regulation 39(1B) was held compliant where the consortium disclosed the investor in a revised plan, the resolution professional performed eligibility and Section 29A checks, a consortium agreement existed, revised plans were circulated and e voting occurred; the induction was not a surreptitious circumvention and related RFRP contractual modification was permissible, so the contrary finding was set aside. The alleged material irregularity for delayed circulation to erstwhile directors failed on the documented chronology and e voting opportunity. The CoC's unanimous commercial choice was treated as within its commercial wisdom and not for substitution by the adjudicatory forum.
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