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...
NCLAT held that initiation of perjury proceedings requires prima facie proof of a deliberate falsehood on a matter of substance, supported by distinct evidence and not mere suspicion. The resolution professional's reply affidavit, filed in defence of the CIRP steps and in response to an attempt to reopen the approved plan, did not disclose mala fides or any deceptive statement amounting to perjury, so rejection of that application was upheld. It also affirmed that an approved resolution plan under the IBC is binding on all stakeholders, and that belated attempts to unsettle an unchallenged, implemented plan were frivolous, justifying costs for abuse of process.
NCLAT held that initiation of perjury proceedings requires prima facie proof of a deliberate falsehood on a matter of substance, supported by distinct evidence and not mere suspicion. The resolution professional's reply affidavit, filed in defence of the CIRP steps and in response to an attempt to reopen the approved plan, did not disclose mala fides or any deceptive statement amounting to perjury, so rejection of that application was upheld. It also affirmed that an approved resolution plan under the IBC is binding on all stakeholders, and that belated attempts to unsettle an unchallenged, implemented plan were frivolous, justifying costs for abuse of process.
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