Undervalued/preferential/fraudulent transactions - Failure to ...

Tribunal Criticizes Insufficient Analysis of Transaction Types Under Insolvency Laws, Urges Detailed Examination.

March 14, 2024

Case Laws     Insolvency and Bankruptcy     AT

Undervalued/preferential/fraudulent transactions - Failure to adjudicate about the ingredients of Section 43, 45, 49 and 66, specifically - need for separate consideration of preferential, undervalued, and fraudulent transactions, each requiring distinct scrutiny and evidence - NCLAT found that the Adjudicating Authority's order lacked sufficient scrutiny and analysis. The Court observed that the Authority merely recorded its conclusions without adequately considering the individual nature of each transaction and without referencing the pleadings or materials on record. Specifically, the Tribunal noted that the Authority's conclusion of fraudulent transactions lacked detailed reasoning and examination of the ingredients required to establish fraud.

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