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...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Once a Section 9 application was admitted and an interim resolution professional appointed, control of the corporate debtor's affairs vested in the IRP, so a suspended director could not file an appeal in the corporate debtor's name as its authorised representative. The appeal was inherently non-maintainable at inception, not a curable procedural defect, and the NCLAT erred in allowing later amendment of the cause title and memo of appeal. Given the strict limitation regime under the Code, with only a limited condonable period, the belated attempt to convert the incompetent appeal into a valid one was rejected. The appeal was dismissed on this ground alone.
Once a Section 9 application was admitted and an interim resolution professional appointed, control of the corporate debtor's affairs vested in the IRP, so a suspended director could not file an appeal in the corporate debtor's name as its authorised representative. The appeal was inherently non-maintainable at inception, not a curable procedural defect, and the NCLAT erred in allowing later amendment of the cause title and memo of appeal. Given the strict limitation regime under the Code, with only a limited condonable period, the belated attempt to convert the incompetent appeal into a valid one was rejected. The appeal was dismissed on this ground alone.
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