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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The Appellate Tribunal held that the Committee of Creditors could reject the resolution plans and annul the insolvency process because the RFRP, read with the CIRP framework, reserved a general right to accept, reject or terminate the bid process at any stage without reasons. Although the bid framework contemplated negotiations and a challenge mechanism, it did not impose a mandatory bar on stopping the process before that stage. The record also showed the applicant participated, revised its plan, and was not denied an opportunity. As the plans were found financially non-viable and below liquidation value, the decision fell within the CoC's commercial wisdom and warranted no appellate interference.
The Appellate Tribunal held that the Committee of Creditors could reject the resolution plans and annul the insolvency process because the RFRP, read with the CIRP framework, reserved a general right to accept, reject or terminate the bid process at any stage without reasons. Although the bid framework contemplated negotiations and a challenge mechanism, it did not impose a mandatory bar on stopping the process before that stage. The record also showed the applicant participated, revised its plan, and was not denied an opportunity. As the plans were found financially non-viable and below liquidation value, the decision fell within the CoC's commercial wisdom and warranted no appellate interference.
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