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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Money deposited in court pursuant to a pre-deposit order was treated as compliance with the court's direction and remained an asset of the corporate debtor; on commencement of CIRP, it had to be released to the resolution professional for distribution under the IBC, with accrued interest included. The supplier's attempt to withdraw the amount was rejected because its claim had to be pursued within the insolvency process. The writ petition challenging the MSME award was also held not maintainable, as an alternate statutory appeal remedy existed under the MSME Act and, independently, section 14 of the IBC barred continuation of proceedings against the corporate debtor after CIRP began.
Money deposited in court pursuant to a pre-deposit order was treated as compliance with the court's direction and remained an asset of the corporate debtor; on commencement of CIRP, it had to be released to the resolution professional for distribution under the IBC, with accrued interest included. The supplier's attempt to withdraw the amount was rejected because its claim had to be pursued within the insolvency process. The writ petition challenging the MSME award was also held not maintainable, as an alternate statutory appeal remedy existed under the MSME Act and, independently, section 14 of the IBC barred continuation of proceedings against the corporate debtor after CIRP began.
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