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IBC - Highlights / Catch Notes

Home Highlights July 2022 Year 2022 This

CIRP - Preferential Transactions or not - related transaction or ...


Transactions within 2-year look-back period deemed preferential, undervalued, and fraudulent under Insolvency Code Sections 43, 45, 66.

July 7, 2022

Case Laws     Insolvency and Bankruptcy     Tri

CIRP - Preferential Transactions or not - related transaction or not - Transaction within look bak period - such transactions are carried with intent to defraud creditors or not - These transactions have been executed within the look back period of two years before the commencement of Insolvency proceeding and are therefore covered under section 43(4)(a). Further the transaction mentioned in para 6 above are therefore held to be undervalued transactions in terms of Section 45 of the Code and Transaction as explained in para 7 are held to be fraudulent transactions as defined under Section 66 of the Code. - Tri

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