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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The HC held that appellate interference with a discretionary order condoning delay is limited, and will not be warranted unless the Tribunal's exercise of discretion is shown to be arbitrary, perverse, or based on untenable grounds. Here, the Tribunal had considered the explanation for the 763-day delay, the connected nature of the pending appeals between the same parties, and the need to decide the matter on merits in the interest of substantial justice. As no infirmity in that reasoning was established, the order condoning delay was upheld and the challenge failed.
The HC held that appellate interference with a discretionary order condoning delay is limited, and will not be warranted unless the Tribunal's exercise of discretion is shown to be arbitrary, perverse, or based on untenable grounds. Here, the Tribunal had considered the explanation for the 763-day delay, the connected nature of the pending appeals between the same parties, and the need to decide the matter on merits in the interest of substantial justice. As no infirmity in that reasoning was established, the order condoning delay was upheld and the challenge failed.
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