Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
An NCLAT decision held that a post-reservation application seeking leave to deposit the entire claimed debt could not be ignored when it had already been taken on record, notice had been issued, and it was fixed for later consideration. Because the admission of the section 7 insolvency petition was made without addressing that pending application and the proposed full deposit, the admission order was set aside as unsustainable. The Tribunal also held that section 12A did not apply, since there was no settlement between the parties; the matter involved only a unilateral offer by the corporate debtor to deposit the claimed amount. The appeal was allowed, and payment was directed subject to the debtor's entitlement being finally determined in the pending recovery proceedings.
An NCLAT decision held that a post-reservation application seeking leave to deposit the entire claimed debt could not be ignored when it had already been taken on record, notice had been issued, and it was fixed for later consideration. Because the admission of the section 7 insolvency petition was made without addressing that pending application and the proposed full deposit, the admission order was set aside as unsustainable. The Tribunal also held that section 12A did not apply, since there was no settlement between the parties; the matter involved only a unilateral offer by the corporate debtor to deposit the claimed amount. The appeal was allowed, and payment was directed subject to the debtor's entitlement being finally determined in the pending recovery proceedings.
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