aside, as it is contrary to
settled law, unsupported by pleadings, inconsistent with the IBC, and
gravely prejudicial to the vested rights of a bona
aside, as it is contrary to
settled law, unsupported by pleadings, inconsistent with the IBC, and
gravely prejudicial to the vested rights of a bona
that the Financial
Creditor can be permitted to amend his pleadings but the pleading cannot
be amended in manner to take away the bar contained ... Creditor cannot be allowed to approbate and reprobate. Inconsistent and
contradictory pleadings have been made in Section 7 application. The
Financial Creditor at one hand
that the Financial
Creditor can be permitted to amend his pleadings but the pleading cannot
be amended in manner to take away the bar contained ... Creditor cannot be allowed to approbate and reprobate. Inconsistent and
contradictory pleadings have been made in Section 7 application. The
Financial Creditor at one hand
Confederation Of All India Traders vs Competition Commission Of India on 13 June, 2022
NATIONAL
Confederation Of All India Traders vs Competition Commission Of India on 13 June, 2022
NATIONAL
Para 33-34), wherein it is pleaded that there is no inconsistency between the
IBC and the NHB Act.
7.3 Further, it is submitted that ... Section
238 of the IBC, the IBC shall prevail over any inconsistent provisions
contained in the NHB Act and the RBI Act; Innoventive Industries Limited
Para 33-34), wherein it is pleaded that there is no inconsistency between the
IBC and the NHB Act.
7.3 Further, it is submitted that ... Section
238 of the IBC, the IBC shall prevail over any inconsistent provisions
contained in the NHB Act and the RBI Act; Innoventive Industries Limited
acknowledgments restart the
limitation period. Legally, a party cannot on one hand plead that the debt is
barred by limitation based on an earlier default ... adverse findings against SBI without resolving this material
inconsistency in the Respondent's own pleadings.
65. In view of this, the Tribunal finds that
other party cannot be placed in the same
position as if the pleading had been originally correct, but the
amendment would cause him an injury ... held by the Hon'ble Supreme Court that
inconsistent pleas cannot be made in pleadings and further that if
such amendment are allowed