Where the post filing Notice was sent to the Corporate Debtor and if it does not appear before NCLT, CIRP application filed by a Financial Creditor can be determined ex-parte – Mr. T.V. Sandeep Kumar Reddy, Suspended Director, M/s. Gayatri Projects Ltd. Vs. State Bank of India – NCLAT Chennai

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In the event of establishing that the mortgage was prior to the initiation of action by the Income Tax Department, prior to the default of the Assessee under the Income Tax Act, then the Bank may claim right over mortgage property – State Bank of India Vs. The Tax Recovery Officer Income Tax Department – Madras High Court

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