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“This Court has no hesitation in holding that the reasons given by the Railways Claim Tribunal in rejecting the claim are absolutely perverse. The plea that the injuries were suffered by the appellant/claimant due to his own criminal negligence is also not fathomable in law.”
The grievance of the petitioner Bank is that notwithstanding the favourable order dated 29-06-2022, the adverse remarks recorded in the order dated 04-06-2022 continue to cause irreparable harm to the petitioner Bank’s reputation and interests.
“This Court while acknowledging that speedy trial is necessary as a Constitutional prescription, observes that in cases involving anti-national activities and terrorism on an international scale, long incarceration in itself ought not to lead to enlargement on bail, when facts showed involvement in such activities which can have a national and transnational impact.”
Bona fide tourists/travellers, travelling for social engagements in India with gold, which could be of a much higher value than the permissible limits, cannot to be expected to file detailed declarations, as this can make the entire process of entering India and exiting from airports extremely unfriendly or onerous.
‘The Banking Ombudsman overlooked the key aspects of the matter and completely misdirected itself in law.’
It was evident that the present issue exceeded simple seepage or dampness. An ordinary person cannot be expected to detect structural defects in their balcony. Notably, the Flat Resident Association has repeatedly alerted the DDA of poor construction quality and substandard materials, but their concerns were consistently ignored.
‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’
The Court asked DDA to ponder over what they have done to this city in terms of providing recreational activities open to all and how they intend to make Delhi a ‘Smart City’.
The Court stated that once the resolution plan was approved by the COC, it should be binding on all the stakeholders. Thus, the successful resolution applicant starts running the business of the corporate debtor on a fresh slate.
The Delhi High Court said if each Sadhu, Baba, and Guru is allowed to build a shrine on public land and thereby, continue to use it for personal gains, it would lead to disastrous consequences jeopardizing larger public interest.
The Delhi High Court said that the winding up proceedings which have not progressed to an advanced stage before the High Courts, ought to be transferred to the NCLT.
Since the Petitioner made an inexplicable delay in filing the petition for reallocation of land by DDA after receiving license fee, the petition deserves to be dismissed on account of delay and laches.