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...
In real estate insolvency, where the Section 7 applicants were allottees of one project and the alleged default related only to that project, the NCLAT held that the CIRP should proceed on a project-specific basis. The admission order was modified to confine the insolvency process to Krishna Housing Scheme, since extending it to other projects would prejudice separate homebuyers and stakeholders. The Tribunal further held that claims in the CIRP must also be limited to that project, while the IRP/RP may process claims under the CIRP Regulations and need not adjudicate individual creditor disputes at this stage. Creditors and financial institutions linked to other projects were left free to pursue independent remedies.
In real estate insolvency, where the Section 7 applicants were allottees of one project and the alleged default related only to that project, the NCLAT held that the CIRP should proceed on a project-specific basis. The admission order was modified to confine the insolvency process to Krishna Housing Scheme, since extending it to other projects would prejudice separate homebuyers and stakeholders. The Tribunal further held that claims in the CIRP must also be limited to that project, while the IRP/RP may process claims under the CIRP Regulations and need not adjudicate individual creditor disputes at this stage. Creditors and financial institutions linked to other projects were left free to pursue independent remedies.
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