Centralised assessment transfers: participation after requesting centralisation can bar technical jurisdictional challenges, while assessment disputes...
Binding precedent remains operative despite pending challenge, supporting deletion of interest disallowance when debt is converted into preference sha...
At the interim stage, Regulation 18(3) did not prima facie require financial creditors in a class to obtain prior intra-class majority approval through the Authorised Representative before seeking placement of a CoC agenda, where the prescribed voting threshold was met. Suspension of an insolvency professional's registration removes eligibility to act in all ongoing insolvency assignments, not only the process connected with the alleged misconduct. Intimation to other CoCs and the Adjudicating Authority gives effect to that consequence and remains distinct from a CoC's replacement power. Interim stay required a prima facie case, balance of convenience and irreparable injury, assessed with public-interest caution; as these were not established, the stay was declined pending appeal.
At the interim stage, Regulation 18(3) did not prima facie require financial creditors in a class to obtain prior intra-class majority approval through the Authorised Representative before seeking placement of a CoC agenda, where the prescribed voting threshold was met. Suspension of an insolvency professional's registration removes eligibility to act in all ongoing insolvency assignments, not only the process connected with the alleged misconduct. Intimation to other CoCs and the Adjudicating Authority gives effect to that consequence and remains distinct from a CoC's replacement power. Interim stay required a prima facie case, balance of convenience and irreparable injury, assessed with public-interest caution; as these were not established, the stay was declined pending appeal.
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