Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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The High Court permitted implementation of the sanctioned scheme of arrangement to address investor grievances and act on the enforcement authority's stand, but held that a civil forum could not incorporate or approve a covenant requiring joint applications to quash, compound, dismiss or discharge criminal proceedings. The alleged offences were serious and had to proceed to their logical conclusion before the competent criminal court. Lifting of attachment and disbursement to investors under the scheme were allowed, but expressly without diluting, affecting or terminating the pending criminal prosecution, which was directed to continue independently.
The High Court permitted implementation of the sanctioned scheme of arrangement to address investor grievances and act on the enforcement authority's stand, but held that a civil forum could not incorporate or approve a covenant requiring joint applications to quash, compound, dismiss or discharge criminal proceedings. The alleged offences were serious and had to proceed to their logical conclusion before the competent criminal court. Lifting of attachment and disbursement to investors under the scheme were allowed, but expressly without diluting, affecting or terminating the pending criminal prosecution, which was directed to continue independently.
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