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    <title>Private scrap sale held outside Regulation 33(2)(c); payment default justifies forfeiture and denies equitable relief</title>
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    <description>SC upheld NCLAT&#039;s dismissal of the purchaser&#039;s appeals concerning sale of the corporate debtor&#039;s Raichur assets. It held that, after failure of the auction process and a subsequent decision for scrap sale, the transaction with the purchaser was a private sale requiring NCLT approval and did not fall under Regulation 33(2)(c) of the Liquidation Regulations. The forfeiture of Rs.37.80 crores was sustained as a consequence of non-compliance with the extended payment timelines imposed by NCLT, which the purchaser had accepted and partially acted upon. SC also found abuse of process in the purchaser&#039;s parallel writ before HC, further disentitling it to any equitable relief.</description>
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    <pubDate>Fri, 12 Dec 2025 08:55:17 +0530</pubDate>
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      <title>Private scrap sale held outside Regulation 33(2)(c); payment default justifies forfeiture and denies equitable relief</title>
      <link>https://www.taxtmi.com/highlights?id=94964</link>
      <description>SC upheld NCLAT&#039;s dismissal of the purchaser&#039;s appeals concerning sale of the corporate debtor&#039;s Raichur assets. It held that, after failure of the auction process and a subsequent decision for scrap sale, the transaction with the purchaser was a private sale requiring NCLT approval and did not fall under Regulation 33(2)(c) of the Liquidation Regulations. The forfeiture of Rs.37.80 crores was sustained as a consequence of non-compliance with the extended payment timelines imposed by NCLT, which the purchaser had accepted and partially acted upon. SC also found abuse of process in the purchaser&#039;s parallel writ before HC, further disentitling it to any equitable relief.</description>
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      <pubDate>Fri, 12 Dec 2025 08:55:17 +0530</pubDate>
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