Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Corporate guarantees executed by the corporate debtor were held to constitute financial debt under Section 5(8) of the Code because liabilities under guarantees for money borrowed against payment of interest fall within that definition. The Court accepted that the guarantees were in existence and had been verified, and held that non-disclosure in financial statements did not defeat the substantive claim. It further held that non-submission before the NCLT was not fatal, since documents could be produced on appeal and the resolution professional was entitled to verify claims. Insufficient stamping was treated as a curable defect, not a ground to render the guarantees unenforceable. The concurrent findings rejecting the claims were found perverse and were set aside, with directions to include the appellants in the committee of creditors.
Corporate guarantees executed by the corporate debtor were held to constitute financial debt under Section 5(8) of the Code because liabilities under guarantees for money borrowed against payment of interest fall within that definition. The Court accepted that the guarantees were in existence and had been verified, and held that non-disclosure in financial statements did not defeat the substantive claim. It further held that non-submission before the NCLT was not fatal, since documents could be produced on appeal and the resolution professional was entitled to verify claims. Insufficient stamping was treated as a curable defect, not a ground to render the guarantees unenforceable. The concurrent findings rejecting the claims were found perverse and were set aside, with directions to include the appellants in the committee of creditors.
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