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...
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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