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IBC - Highlights / Catch Notes

Home Highlights August 2022 Year 2022 This

Preferential Transactions or not - documents being “Transaction ...


Court Evaluates Preferential Transactions Under Insolvency Code Sections 43, 45, 66; NCLT Backs Liquidator's Evidence-Based Claim.

August 5, 2022

Case Laws     Insolvency and Bankruptcy     AT

Preferential Transactions or not - documents being “Transaction Audit Report” and “Forensic Audit Report” were not provided to the Appellants - whether the impugned transactions fall within the ambit of Sections 43, 45 or 66 of the Code? - the Respondent/Liquidator made the application before the Adjudicating Authority after having sufficient evidence/material to establish the case of the Appellants beyond reasonable doubt. The basis for the application before the Adjudicating Authority is the report of the auditor and the observations and conclusions arrived at by the auditor. - NCLT rightly admitted the claim - AT

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