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...
An insolvency sale may be set aside where the auction process, viewed cumulatively, lacks fairness, transparency and value maximisation. The Tribunal noted that a 25-day notice gap was not the only defect: key developments were disclosed to the Committee of Creditors only after valuation, publication, auction and issuance of the sale certificate, denying meaningful stakeholder input. It also relied on the nature of the asset as an encumbered 50% undivided residential share, the absence of adequate disclosure of mortgage and pending SARFAESI proceedings, and a significantly lower valuation without further cautionary valuation. The order directing fresh valuation and re-auction was upheld, and the challenge was also treated as untenable after acceptance of refund.
An insolvency sale may be set aside where the auction process, viewed cumulatively, lacks fairness, transparency and value maximisation. The Tribunal noted that a 25-day notice gap was not the only defect: key developments were disclosed to the Committee of Creditors only after valuation, publication, auction and issuance of the sale certificate, denying meaningful stakeholder input. It also relied on the nature of the asset as an encumbered 50% undivided residential share, the absence of adequate disclosure of mortgage and pending SARFAESI proceedings, and a significantly lower valuation without further cautionary valuation. The order directing fresh valuation and re-auction was upheld, and the challenge was also treated as untenable after acceptance of refund.
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