Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
The Adjudicating Authority had jurisdiction under section 60(5) to entertain the Resolution Professional's eviction application because the corporate debtor's ownership of the premises was undisputed and recovery of its own asset fell within the duty to take control, custody, preservation and protection of assets. The appellant failed to prove any tenancy, lease or licence; the record showed only permissive stocking of goods, with no rent, lease terms, or possessory right. The civil court's interim order did not bar eviction, as the Code excludes civil court jurisdiction where the insolvency forum is competent. The appeal was dismissed and possession was directed to be handed over to the Resolution Professional.
The Adjudicating Authority had jurisdiction under section 60(5) to entertain the Resolution Professional's eviction application because the corporate debtor's ownership of the premises was undisputed and recovery of its own asset fell within the duty to take control, custody, preservation and protection of assets. The appellant failed to prove any tenancy, lease or licence; the record showed only permissive stocking of goods, with no rent, lease terms, or possessory right. The civil court's interim order did not bar eviction, as the Code excludes civil court jurisdiction where the insolvency forum is competent. The appeal was dismissed and possession was directed to be handed over to the Resolution Professional.
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