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...
An insolvency application filed in the name of a company that had already amalgamated and ceased to exist was held not maintainable because the applicant lacked any subsisting juristic existence on the date of institution. The earlier scheme approving amalgamation had dissolved the transferor company without winding up, and a later order on the effective date did not revive juristic status in the name used for the Section 9 filing. In the absence of material showing that the named applicant continued in law when proceedings were initiated, dismissal of the company petition as not maintainable was affirmed.
An insolvency application filed in the name of a company that had already amalgamated and ceased to exist was held not maintainable because the applicant lacked any subsisting juristic existence on the date of institution. The earlier scheme approving amalgamation had dissolved the transferor company without winding up, and a later order on the effective date did not revive juristic status in the name used for the Section 9 filing. In the absence of material showing that the named applicant continued in law when proceedings were initiated, dismissal of the company petition as not maintainable was affirmed.
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