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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A pre-CIRP concession agreement that had already been terminated could not be compelled to revive through an approved resolution plan or a later implementation order, because it no longer formed part of the CIRP estate in a manner permitting such direction. The NCLAT held that the Adjudicating Authority had exceeded its permissible scope by directing the appellant, who was not a CIRP participant, to act on the plan insofar as it required revival of the agreement. The order was modified to remove any such direction, while the parties were left free to pursue conciliation or arbitration in accordance with law.
A pre-CIRP concession agreement that had already been terminated could not be compelled to revive through an approved resolution plan or a later implementation order, because it no longer formed part of the CIRP estate in a manner permitting such direction. The NCLAT held that the Adjudicating Authority had exceeded its permissible scope by directing the appellant, who was not a CIRP participant, to act on the plan insofar as it required revival of the agreement. The order was modified to remove any such direction, while the parties were left free to pursue conciliation or arbitration in accordance with law.
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