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Learning Curve Title
Learning Curve 1034The assignee is entitled to all the legitimate rights exercisable under the IBC and enjoys the locus to file the restoration application before the AA
Learning Curve 1033IBC does not provide any leeway/scope to dissatisfied individual Homebuyers in a minority to override the commercial wisdom of the CoC
Learning Curve 1032Insolvency Proceedings u/s 7 of the IBC can be initiated against the Auction Purchaser in proceedings under SARFAESI even though the disbursement was not done to it directly.
Learning Curve 1031Insolvency proceedings under IBC does not prevent the CD from filing application u/s 11 of Arbitration and Conciliation Act, 1996 against other party
Learning Curve 1030If 45th day for filing the Appeal u/s 61 of IBC is a Holiday and appeal is filed on the date when Court reopens, benefit of holiday cannot be extended to the Appellant.
Learning Curve 1029The AA can't direct CoC to consider the suspended managements settlement proposal, without giving opportunity to Successful RA to respond.
Learning Curve 1028The AA has jurisdiction to direct ED to release attached properties under PMLA
Learning Curve 1027Application for withdrawal of CIRP is to be necessarily filed by the Applicant who have initiated CIRP against the CD under Sec 7/9/10 of the IBC
Learning Curve 1026The fact that CIRP admission application is affirmed by the Appellate Tribunal does not denude the jurisdiction of AA to examine the allegations made u/s 65.
Learning Curve 1025The AA has no power and authority under the IBC to declare an assessment order as void ab initio and non est in law