Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Section 95 insolvency proceedings are confined to the individual personal guarantor named in the application, and the creditor may choose the respondent. A person who is neither a guarantor in that proceeding nor a party to the guarantee contract is not a necessary party and has no right of intervention, recall, or stay merely because he asserts coparcenary or succession claims in the property of another deceased guarantor. Those private property claims must be pursued in independent civil remedies, not decided within Section 95 proceedings. The Appellate Tribunal therefore dismissed the company appeals and upheld rejection of the intervention and consequential applications.
Section 95 insolvency proceedings are confined to the individual personal guarantor named in the application, and the creditor may choose the respondent. A person who is neither a guarantor in that proceeding nor a party to the guarantee contract is not a necessary party and has no right of intervention, recall, or stay merely because he asserts coparcenary or succession claims in the property of another deceased guarantor. Those private property claims must be pursued in independent civil remedies, not decided within Section 95 proceedings. The Appellate Tribunal therefore dismissed the company appeals and upheld rejection of the intervention and consequential applications.
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