If pre-deposit as per Section 21 of Recovery of Debts & Bankruptcy Act, 1993 is not made, an appeal technically cannot be entertained and thus cannot be dismissed either – M/s Sai Enterprises and 2 Others Vs. Debts Recovery Appellate and Another – Allahabad High Court

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If Auction sale notice was issued initially prior to the insertion of provision of Liquidation Regulation 32A, Regulation 32A(4) cannot be pressed in service – Haravtar Singh Arora, Erstwhile promoter of James Hotel Vs. Navneet Gupta, Liquidator of James Hotel & Anr. – NCLAT New Delhi

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Action of Bank in proceeding with the sale under SARFAESI while suppressing the order of settlement with the borrower for the same properties, without disclosing the relevant information to the auction purchaser and continuing to accept money from the auction purchaser is an instance of outright mala fides – Subha Raksha Kali Rice Mills Pvt. Ltd & Anr. Vs. UCO Bank & Anr. – Calcutta High Court

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Concept of Going Concern Sale under IBC to Sale of “Corporate Debtor as a going concern” under Regulation 32(e) and sale of “Business of Corporate Debtor as a going concern” under Regulation 32(f) – M.S. Viswanathan Vs. Pixtronic Global Technologies Pvt. Ltd. – NCLT Chennai Bench

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