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...
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Belated claims in CIRP cannot be reopened after CoC approval merely because plan approval by the Adjudicating Authority is pending, and refusal to condone delay was upheld where the claimant was a commercial entity and its claim was not reflected in the corporate debtor's records. The SARFAESI sale certificate preserved liability only for encumbrances expressly listed in Annexure 1, so no enforceable liability survived in favour of a claimant whose name was absent from that list. An allotment of units made in adjustment of legal fees, without any disbursement by the claimant, did not satisfy the requirement of disbursement against consideration for the time value of money and was not financial debt.
Belated claims in CIRP cannot be reopened after CoC approval merely because plan approval by the Adjudicating Authority is pending, and refusal to condone delay was upheld where the claimant was a commercial entity and its claim was not reflected in the corporate debtor's records. The SARFAESI sale certificate preserved liability only for encumbrances expressly listed in Annexure 1, so no enforceable liability survived in favour of a claimant whose name was absent from that list. An allotment of units made in adjustment of legal fees, without any disbursement by the claimant, did not satisfy the requirement of disbursement against consideration for the time value of money and was not financial debt.
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