Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
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Right of appeal under Section 61 is confined to a person whose legal rights are directly affected, and a collateral grievance from a separate CIRP does not confer locus standi. The appellant was not a stakeholder in the CIRP of Afcan Impex Pvt. Ltd., so it was not a person aggrieved. On merits, the Tribunal found no established ineligibility of the resolution applicant under Section 29A: mere association with another company in CIRP was insufficient, no NPA classification material was shown, and disqualification under Section 164 could not be presumed without a formal declaration. Fresh objections were also not entertained in appeal, and the implemented resolution plan was treated as final.
Right of appeal under Section 61 is confined to a person whose legal rights are directly affected, and a collateral grievance from a separate CIRP does not confer locus standi. The appellant was not a stakeholder in the CIRP of Afcan Impex Pvt. Ltd., so it was not a person aggrieved. On merits, the Tribunal found no established ineligibility of the resolution applicant under Section 29A: mere association with another company in CIRP was insufficient, no NPA classification material was shown, and disqualification under Section 164 could not be presumed without a formal declaration. Fresh objections were also not entertained in appeal, and the implemented resolution plan was treated as final.
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