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...
Pre-existing disputes over quality of goods, delivery delay and account reconciliation did not bar Section 9 insolvency proceedings where the Corporate Debtor itself had prepared and communicated a consequences sheet quantifying those issues and crystallising the balance payable. The Tribunal treated the debtor's insistence that payment follow acceptance of that sheet as a conditional stance, not evidence of a subsisting dispute over the admitted amount. On the record, the balance debt was acknowledged, and the dispute was held to be hypothetical, spurious or illusory as to that crystallised liability. The appeal was dismissed and admission of the Corporate Debtor into CIRP under Section 9 was upheld.
Pre-existing disputes over quality of goods, delivery delay and account reconciliation did not bar Section 9 insolvency proceedings where the Corporate Debtor itself had prepared and communicated a consequences sheet quantifying those issues and crystallising the balance payable. The Tribunal treated the debtor's insistence that payment follow acceptance of that sheet as a conditional stance, not evidence of a subsisting dispute over the admitted amount. On the record, the balance debt was acknowledged, and the dispute was held to be hypothetical, spurious or illusory as to that crystallised liability. The appeal was dismissed and admission of the Corporate Debtor into CIRP under Section 9 was upheld.
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