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R. SUBRAMANIAN, R. KALAIMATHI
Enforcement Directorate, Rep. by its Deputy Director, Shastri Bhavan, Chennai – Appellant
Versus
T. T. V. Dhinakaran – Respondent
| Table of Content |
|---|
| 1. enforcement directorate's appeal against insolvency notice. (Para 1 , 2 , 4) |
| 2. arguments regarding debt and creditor definitions. (Para 3 , 6 , 34) |
| 3. arguments presented regarding statutory duties and definitions. (Para 5 , 10) |
| 4. court's observation on definitions under the act. (Para 8 , 30 , 52) |
| 5. determine creditor definitions under law. (Para 9 , 62) |
| 6. penalty as a civil liability under insolvency law. (Para 11 , 61) |
| 7. final ruling on insolvency notice and writ petition. (Para 70 , 75) |
| 8. final judgment regarding the writ petition and insolvency notice's validity. (Para 72) |
JUDGMENT
(Prayer: Original Side Appeal filed under Order 36 Rule 11 of the Original Side Rules and Clause 15 of the Letters Patent, to set aside the order made in Application No.177 of 2001 in I.N.No.39 of 2001 dated 17.09.2002 and allow the appeal. Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorai calling for the records of the 1st respondent dated 25.07.2008 made in G2/68311/2000 and quash the same.)
Common Judgment
R. Subramanian, J.
1. The Enforcement Directorate is on appeal against the order of the Hon'ble Single Judge allowing the app
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