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...
Where annual listing fees had already been quantified against the corporate debtors and only recovery remained, the dispute over de-freezing their demat accounts fell within the NCLT's residuary jurisdiction under Section 60(5)(c) of the IBC. The Tribunal held that securities regulatory provisions did not bar such relief when no further regulatory determination was pending, and that the insolvency regime could govern preservation and control of the debtors' assets, including securities. Applying the IBC's overriding effect, the NCLAT upheld the de-freezing orders and rejected the challenge to NCLT jurisdiction, dismissing the appeals.
Where annual listing fees had already been quantified against the corporate debtors and only recovery remained, the dispute over de-freezing their demat accounts fell within the NCLT's residuary jurisdiction under Section 60(5)(c) of the IBC. The Tribunal held that securities regulatory provisions did not bar such relief when no further regulatory determination was pending, and that the insolvency regime could govern preservation and control of the debtors' assets, including securities. Applying the IBC's overriding effect, the NCLAT upheld the de-freezing orders and rejected the challenge to NCLT jurisdiction, dismissing the appeals.
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