Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
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The NCLAT rejected the promoter's revised settlement proposal for Project Estella because the CIRP had already revived, a CoC-approved resolution plan was pending before the Adjudicating Authority, prior proposals had been rejected, and the homebuyers had voted against considering the promoter's bid. The promoter's reliance on an arrangement with BCD Mumbai Pvt. Ltd. was treated as non-binding and insufficient to show project completion. For Project NCR Greens, the Tribunal recognised the promoter's obligation to complete the substantially finished project, remove defects and hand over remaining units within six months, subject to majority approval of the financial creditors including Punjab & Sind Bank; failing such approval, insolvency directions would follow.
The NCLAT rejected the promoter's revised settlement proposal for Project Estella because the CIRP had already revived, a CoC-approved resolution plan was pending before the Adjudicating Authority, prior proposals had been rejected, and the homebuyers had voted against considering the promoter's bid. The promoter's reliance on an arrangement with BCD Mumbai Pvt. Ltd. was treated as non-binding and insufficient to show project completion. For Project NCR Greens, the Tribunal recognised the promoter's obligation to complete the substantially finished project, remove defects and hand over remaining units within six months, subject to majority approval of the financial creditors including Punjab & Sind Bank; failing such approval, insolvency directions would follow.
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