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...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
Where the Companies Act provides a specific appellate forum against NCLT orders, writ proceedings cannot ordinarily be used to bypass that remedy, and High Court directions on delay do not bind the Appellate Tribunal on maintainability. Section 14 of the Limitation Act applies only on proof of bona fide prosecution with due diligence and good faith; repeated pursuit of writ, appeal and review proceedings after being told the proper remedy was an NCLAT appeal defeated that requirement. Limitation had to be tested under the special statutory scheme, and time spent in review before the High Court could not extend it. The delay application was rejected and the company appeal was dismissed as time-barred.
Where the Companies Act provides a specific appellate forum against NCLT orders, writ proceedings cannot ordinarily be used to bypass that remedy, and High Court directions on delay do not bind the Appellate Tribunal on maintainability. Section 14 of the Limitation Act applies only on proof of bona fide prosecution with due diligence and good faith; repeated pursuit of writ, appeal and review proceedings after being told the proper remedy was an NCLAT appeal defeated that requirement. Limitation had to be tested under the special statutory scheme, and time spent in review before the High Court could not extend it. The delay application was rejected and the company appeal was dismissed as time-barred.
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