Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
Stakeholder-list modification permits liquidators to update entries on new information, subject to notifying the Adjudicating Authority within prescri...
Final debt recovery adjudication fixing personal guarantors' joint and several liability for the entire dues prevents them from re-agitating a claim that their guarantees were limited to the market value of mortgaged properties in collateral proceedings under Section 114 of the Code. Guarantee clauses requiring payment on default and permitting enforcement despite unrealisable security operate with mortgage-related provisions, rather than creating a liability cap. A repayment plan requires the prescribed affirmative creditor vote; the Adjudicating Authority cannot substitute its commercial view where that approval is absent. No prejudice or vitiation of the statutory process was established.
Final debt recovery adjudication fixing personal guarantors' joint and several liability for the entire dues prevents them from re-agitating a claim that their guarantees were limited to the market value of mortgaged properties in collateral proceedings under Section 114 of the Code. Guarantee clauses requiring payment on default and permitting enforcement despite unrealisable security operate with mortgage-related provisions, rather than creating a liability cap. A repayment plan requires the prescribed affirmative creditor vote; the Adjudicating Authority cannot substitute its commercial view where that approval is absent. No prejudice or vitiation of the statutory process was established.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4913 
