functus officio Archives

Once appeal is remanded, Authority becomes functus officio, lacks jurisdiction to rehear it: Himachal Pradesh HC

“There was no provision to hear and decide the objections after the appeal was decided by the Divisional Commissioner because Rule 10 of the 1994 Rules laid down that the orders passed in appeal by the Divisional Commissioner would be final.”

Case Briefs High Courts

Adjudication of an avoidance application is independent of the resolution of the corporate debtor and can survive CIRP: Delhi High Court

The Delhi High Court held that adjudication of an avoidance application was independent of the resolution of the corporate debtor and could survive Corporate Insolvency Resolution Process (CIRP) and a Resolution Professional would not be functus officio with respect to adjudication of avoidance application.