International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Misuse of the insolvency moratorium to frustrate SARFAESI enforcement was condemned; the court found chronic delay, collateral insolvency filings and repeated OTS proposals constituted tactical abuse, waiver and equitable estoppel that prejudiced the secured creditor and auction purchasers, and that sales and registered sale certificates crystallised purchaser rights before any moratorium. The secured asset was therefore excluded from the moratorium and the DRT's interim restraint was a jurisdictional error. The writ court permitted the secured creditor to proceed with completion and directed the DRT to complete pleadings and decide the securitisation application expeditiously.
Misuse of the insolvency moratorium to frustrate SARFAESI enforcement was condemned; the court found chronic delay, collateral insolvency filings and repeated OTS proposals constituted tactical abuse, waiver and equitable estoppel that prejudiced the secured creditor and auction purchasers, and that sales and registered sale certificates crystallised purchaser rights before any moratorium. The secured asset was therefore excluded from the moratorium and the DRT's interim restraint was a jurisdictional error. The writ court permitted the secured creditor to proceed with completion and directed the DRT to complete pleadings and decide the securitisation application expeditiously.
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