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...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
A Section 9 insolvency application may fail where the corporate debtor shows a real and plausible pre-existing dispute that existed before the demand notice; the dispute can be raised even in the reply to the application if it predates the notice. Applying the Mobilox test, the tribunal found subsisting disputes on liability through earlier notices and settlement arrangements, and upheld rejection of CIRP initiation. On the contract, the alleged service fee was treated only as a profit share after deduction of usage fees and expenses, not an independent operational debt. The termination terms and unsupported balance emails did not establish debt due from the corporate debtor.
A Section 9 insolvency application may fail where the corporate debtor shows a real and plausible pre-existing dispute that existed before the demand notice; the dispute can be raised even in the reply to the application if it predates the notice. Applying the Mobilox test, the tribunal found subsisting disputes on liability through earlier notices and settlement arrangements, and upheld rejection of CIRP initiation. On the contract, the alleged service fee was treated only as a profit share after deduction of usage fees and expenses, not an independent operational debt. The termination terms and unsupported balance emails did not establish debt due from the corporate debtor.
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