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...
Default was proved only for the overdue quarterly interest demanded in the cure notice, not for the full debenture principal, because the principal became payable only on 30.06.2024 and no further redemption demand was issued before the Section 7 filing; later payments did not erase the subsisting default on the filing date. The view that real estate insolvency can never be project-wise was rejected as contrary to binding precedent, and the process was required to proceed on a project-specific basis unless circumstances justify otherwise. On construction of the debenture trust deed, the financing and security package were held to be tied to Project Aspirations on the identified land, so the CIRP was confined to that project and not extended to the debtor's other projects.
Default was proved only for the overdue quarterly interest demanded in the cure notice, not for the full debenture principal, because the principal became payable only on 30.06.2024 and no further redemption demand was issued before the Section 7 filing; later payments did not erase the subsisting default on the filing date. The view that real estate insolvency can never be project-wise was rejected as contrary to binding precedent, and the process was required to proceed on a project-specific basis unless circumstances justify otherwise. On construction of the debenture trust deed, the financing and security package were held to be tied to Project Aspirations on the identified land, so the CIRP was confined to that project and not extended to the debtor's other projects.
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