<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2024 (9) TMI 625 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=758381</link>
    <description>SC upheld the validity of the liquidation e-auction and refused to cancel the sale or declare the sale deed void. It held that extension of time to deposit the balance sale consideration, granted by the Adjudicating Authority during the Covid-19 lockdown under s. 35 IBC and Rule 11 NCLT Rules, was lawful despite Rule 12 consequences. Allegations of undervaluation failed, the Liquidator having properly fixed and reduced the reserve price under the IBBI framework, with no higher bidder produced. Non-constitution of a Stakeholders Consultation Committee was held inapplicable to this pre-amendment liquidation. The auction purchaser was bound by &quot;as is where is&quot; terms despite tax attachments. Balancing equities, SC directed the auction purchaser to pay an additional amount; appeal was partly allowed.</description>
    <language>en-us</language>
    <pubDate>Wed, 28 Aug 2024 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 12 Dec 2025 13:05:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=767818" rel="self" type="application/rss+xml"/>
    <item>
      <title>2024 (9) TMI 625 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=758381</link>
      <description>SC upheld the validity of the liquidation e-auction and refused to cancel the sale or declare the sale deed void. It held that extension of time to deposit the balance sale consideration, granted by the Adjudicating Authority during the Covid-19 lockdown under s. 35 IBC and Rule 11 NCLT Rules, was lawful despite Rule 12 consequences. Allegations of undervaluation failed, the Liquidator having properly fixed and reduced the reserve price under the IBBI framework, with no higher bidder produced. Non-constitution of a Stakeholders Consultation Committee was held inapplicable to this pre-amendment liquidation. The auction purchaser was bound by &quot;as is where is&quot; terms despite tax attachments. Balancing equities, SC directed the auction purchaser to pay an additional amount; appeal was partly allowed.</description>
      <category>Case-Laws</category>
      <law>IBC</law>
      <pubDate>Wed, 28 Aug 2024 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=758381</guid>
    </item>
  </channel>
</rss>