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...
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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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