Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Debt and default were sufficiently proved from the Section 7 materials, including unit-wise allotment details, amounts paid, amounts claimed in default, and supporting allotment and sale documents, so admission of the CIRP was sustained. The NCLAT held that where allottees of a single real-estate project initiate insolvency, the CIRP must be confined to that project and cannot spill over to other separate projects of the same corporate debtor. The admission order was therefore modified to limit the CIRP to Raheja Shilas (Low Rise) only, while creditors linked to other projects were left free to pursue independent remedies. The CIRP was not closed, and withdrawal by settlement under Section 12A was left open.
Debt and default were sufficiently proved from the Section 7 materials, including unit-wise allotment details, amounts paid, amounts claimed in default, and supporting allotment and sale documents, so admission of the CIRP was sustained. The NCLAT held that where allottees of a single real-estate project initiate insolvency, the CIRP must be confined to that project and cannot spill over to other separate projects of the same corporate debtor. The admission order was therefore modified to limit the CIRP to Raheja Shilas (Low Rise) only, while creditors linked to other projects were left free to pursue independent remedies. The CIRP was not closed, and withdrawal by settlement under Section 12A was left open.
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