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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Section 7 admission was upheld because debt and default were established and the application was procedurally complete; the Adjudicating Authority was not required to investigate the causes of default or creditors' alleged role in delayed disbursal. Rejection of an OTS proposal did not bar initiation of CIRP, as settlement decisions remained within the creditor's commercial discretion. Omission of a specific date of default was not fatal where defaults were otherwise proved, and Section 10A was not attracted because the relevant defaults pre-dated the moratorium. Pending arbitration and allegations of recovery motive did not prevent insolvency proceedings on these facts.
Section 7 admission was upheld because debt and default were established and the application was procedurally complete; the Adjudicating Authority was not required to investigate the causes of default or creditors' alleged role in delayed disbursal. Rejection of an OTS proposal did not bar initiation of CIRP, as settlement decisions remained within the creditor's commercial discretion. Omission of a specific date of default was not fatal where defaults were otherwise proved, and Section 10A was not attracted because the relevant defaults pre-dated the moratorium. Pending arbitration and allegations of recovery motive did not prevent insolvency proceedings on these facts.
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