Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
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...
Section 95 insolvency proceedings against personal guarantors were held to be within limitation because the guarantors' debt liability had crystallised through the DRT judgment and recovery certificate, and the Covid-19 limitation extension plus later demand notice preserved a subsisting cause of action. The plea that approval of the corporate debtor's resolution plan extinguished the guarantors' liability was rejected, as personal guarantees were not dealt with in the plan and guarantor liability remains co-extensive for the unpaid balance. The Tribunal relied on the finality of the DRT adjudication and incomplete recovery, and upheld admission of the Section 95 applications.
Section 95 insolvency proceedings against personal guarantors were held to be within limitation because the guarantors' debt liability had crystallised through the DRT judgment and recovery certificate, and the Covid-19 limitation extension plus later demand notice preserved a subsisting cause of action. The plea that approval of the corporate debtor's resolution plan extinguished the guarantors' liability was rejected, as personal guarantees were not dealt with in the plan and guarantor liability remains co-extensive for the unpaid balance. The Tribunal relied on the finality of the DRT adjudication and incomplete recovery, and upheld admission of the Section 95 applications.
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