https://www.taxtmi.com/caselaws?id=457135 A fresh application under Section 94 of the Insolvency and Bankruptcy Code, 2016 was found not maintainable where an earlier application on the same facts and cause of action had been dismissed for non-compliance with Tribunal directions requiring the affidavit and valid AFA, and that dismissal had attained finality. The Tribunal also treated the continued pendency of the incomplete earlier matter, while the interim moratorium under Section 96 remained in force, as supporting misuse of process to delay recovery proceedings. On that basis, the fresh application was dismissed. en-us Fri, 17 May 2024 00:00:00 +0530 Fri, 06 Sep 2024 20:53:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457135 A fresh application under Section 94 of the Insolvency and Bankruptcy Code, 2016 was found not maintainable where an earlier application on the same facts and cause of action had been dismissed for non-compliance with Tribunal directions requiring the affidavit and valid AFA, and that dismissal had attained finality. The Tribunal also treated the continued pendency of the incomplete earlier matter, while the interim moratorium under Section 96 remained in force, as supporting misuse of process to delay recovery proceedings. On that basis, the fresh application was dismissed. Case-Laws Insolvency and Bankruptcy Fri, 17 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457135