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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A liquidation claim filed after a 787-day delay was rejected because Regulation 12(2)(b) requires claims to be lodged or updated within the prescribed time, and insolvency law treats timeliness as central to the liquidation process. Even if the timeline were treated as directory, an inordinate delay still needed a satisfactory explanation, which was absent here. The pendency or abatement of customs proceedings did not bar filing the claim before the liquidator, and a government department was not entitled to any special indulgence in condonation of delay. Entertaining the belated claim at an advanced stage would disrupt the liquidation process, so the rejection was upheld.
A liquidation claim filed after a 787-day delay was rejected because Regulation 12(2)(b) requires claims to be lodged or updated within the prescribed time, and insolvency law treats timeliness as central to the liquidation process. Even if the timeline were treated as directory, an inordinate delay still needed a satisfactory explanation, which was absent here. The pendency or abatement of customs proceedings did not bar filing the claim before the liquidator, and a government department was not entitled to any special indulgence in condonation of delay. Entertaining the belated claim at an advanced stage would disrupt the liquidation process, so the rejection was upheld.
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