Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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NCLAT held that once an application had been permitted to be withdrawn, the tribunal was not required to make further observations affecting the parties' rights. The impugned liberty to run the company according to law and to file a petition under Section 241 went beyond the prayer sought, revived a controversy already concluded or withdrawn in earlier proceedings, and amounted to judicial overreach and relief beyond pleadings. Those observations were therefore quashed, while the parties remained free to pursue any other remedy available in law.
NCLAT held that once an application had been permitted to be withdrawn, the tribunal was not required to make further observations affecting the parties' rights. The impugned liberty to run the company according to law and to file a petition under Section 241 went beyond the prayer sought, revived a controversy already concluded or withdrawn in earlier proceedings, and amounted to judicial overreach and relief beyond pleadings. Those observations were therefore quashed, while the parties remained free to pursue any other remedy available in law.
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