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IBC - Highlights / Catch Notes

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Preferential, undervalued and fraudulent transactions - Related ...


Option Agreements Declared Null and Void Under IBC Sections 43 and 45; Affects 'Chambers' Project Property Interests.

March 6, 2023

Case Laws     Insolvency and Bankruptcy     AT

Preferential, undervalued and fraudulent transactions - Related party transactions - It is amply clear that the Option Agreements I & II are preferential and undervalued transactions and, therefore, they are avoidance transactions as per sections 43 and 45 of IBC. Therefore, the two Option Agreements No. 1 and II are declared ‘null and void’ and any interest created in the property ‘Chambers’ project of the corporate debtor by virtue of these Option Agreements are also declared non est in law and ‘null and void’. - AT

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