Writ relief against show cause notices is available where jurisdiction is absent and concluded advance rulings cannot be reopened without fresh fraud ...
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In Section 95 insolvency proceedings against personal guarantors, limitation under Article 137 had to be assessed from the actual invocation of guarantee and the date of default, not from the Form B demand notice. The Tribunal held that the Adjudicating Authority erred in treating Form B as invocation, and noted that a decree obtained within limitation could furnish a fresh cause of action. It also found the limitation computation flawed because Covid-related exclusion days were deducted without adequate basis. Letters dated 17.03.2022 and 12.07.2022, and admission of the creditor's claim in the corporate debtor's CIRP, were material on acknowledgment and limitation but had not been properly considered, so the matter was remanded for fresh, reasoned decision.
In Section 95 insolvency proceedings against personal guarantors, limitation under Article 137 had to be assessed from the actual invocation of guarantee and the date of default, not from the Form B demand notice. The Tribunal held that the Adjudicating Authority erred in treating Form B as invocation, and noted that a decree obtained within limitation could furnish a fresh cause of action. It also found the limitation computation flawed because Covid-related exclusion days were deducted without adequate basis. Letters dated 17.03.2022 and 12.07.2022, and admission of the creditor's claim in the corporate debtor's CIRP, were material on acknowledgment and limitation but had not been properly considered, so the matter was remanded for fresh, reasoned decision.
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