Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
An insolvency resolution professional was found to have failed to ensure that the approved resolution plan complied with Section 29A, Section 30(2) and Regulation 38(3)(e), leading to adverse findings and a referral for investigation. The NCLAT held that those findings were not malicious, perverse, or contrary to the record because they rested on an earlier coordinate Bench order already affirmed by the Supreme Court, and also on independent disciplinary proceedings where misconduct had been established and penalty imposed. It declined to re-examine the same allegations or take a contrary view, and dismissed the appeal.
An insolvency resolution professional was found to have failed to ensure that the approved resolution plan complied with Section 29A, Section 30(2) and Regulation 38(3)(e), leading to adverse findings and a referral for investigation. The NCLAT held that those findings were not malicious, perverse, or contrary to the record because they rested on an earlier coordinate Bench order already affirmed by the Supreme Court, and also on independent disciplinary proceedings where misconduct had been established and penalty imposed. It declined to re-examine the same allegations or take a contrary view, and dismissed the appeal.
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