Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
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...
The Registry's role is limited to checking procedural regularity and filing compliance; it cannot decide or pre-judge maintainability. If the papers are otherwise in order but maintainability remains doubtful, the petition must still be numbered with the endorsement "numbered subject to maintainability" and placed before the roster Bench, which alone can determine that issue. The HC reaffirmed this settled position with reference to Supreme Court authority and the applicable filing circular, and directed the writ petition to be numbered and listed for maintainability before the roster Court.
The Registry's role is limited to checking procedural regularity and filing compliance; it cannot decide or pre-judge maintainability. If the papers are otherwise in order but maintainability remains doubtful, the petition must still be numbered with the endorsement "numbered subject to maintainability" and placed before the roster Bench, which alone can determine that issue. The HC reaffirmed this settled position with reference to Supreme Court authority and the applicable filing circular, and directed the writ petition to be numbered and listed for maintainability before the roster Court.
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