Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
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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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