Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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Effective service of a demand notice under Sections 8 and 9 of the Insolvency and Bankruptcy Code is directed to making the corporate debtor aware of the default and proposed insolvency action. Service sent to the respondent's email address recorded on the MCA portal was treated as valid electronic service. The NCLAT further held that, if the Adjudicating Authority doubted proof of service, it should have given the appellant an opportunity to place material and explain compliance before rejecting the Section 9 application. Dismissal on a ground raised by the Tribunal without hearing the appellant, especially where the respondent remained ex parte, was held perverse. The rejection order was set aside and the matter remitted for fresh decision on merits.
Effective service of a demand notice under Sections 8 and 9 of the Insolvency and Bankruptcy Code is directed to making the corporate debtor aware of the default and proposed insolvency action. Service sent to the respondent's email address recorded on the MCA portal was treated as valid electronic service. The NCLAT further held that, if the Adjudicating Authority doubted proof of service, it should have given the appellant an opportunity to place material and explain compliance before rejecting the Section 9 application. Dismissal on a ground raised by the Tribunal without hearing the appellant, especially where the respondent remained ex parte, was held perverse. The rejection order was set aside and the matter remitted for fresh decision on merits.
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