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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After approval of a resolution plan, CIRP does not remain a live insolvency proceeding capable of de novo revival merely because the successful resolution applicant later defaults in implementation. The NCLAT held that failure to perform even under a revised payment schedule does not permit the process to be reopened afresh; the statutory course in such circumstances is liquidation. The Tribunal also noted that an applicant who had already sought liquidation under Section 33 could not later take an inconsistent stand and ask for restoration of CIRP and appointment as Resolution Professional. The application for revival was therefore held not maintainable, and the appeal was dismissed, leaving liquidation to proceed.
After approval of a resolution plan, CIRP does not remain a live insolvency proceeding capable of de novo revival merely because the successful resolution applicant later defaults in implementation. The NCLAT held that failure to perform even under a revised payment schedule does not permit the process to be reopened afresh; the statutory course in such circumstances is liquidation. The Tribunal also noted that an applicant who had already sought liquidation under Section 33 could not later take an inconsistent stand and ask for restoration of CIRP and appointment as Resolution Professional. The application for revival was therefore held not maintainable, and the appeal was dismissed, leaving liquidation to proceed.
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