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Companies Law - Highlights / Catch Notes

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Property transfer through shareholding agreement prior to ...


Property transfer pre-winding up valid commercial transaction. No mala fide intent. Subject property can't vest with liquidated firm.

Case Laws     Companies Law

July 29, 2024

Property transfer through shareholding agreement prior to winding up petition deemed valid commercial transaction in ordinary course of business. No mala fide intent or collusion discernible between parties. Subject property cannot vest with company in liquidation, especially when no construction commenced except bhumipujan. Application by applicant company allowed, directing Official Liquidator to de-seal subject property and hand over vacant, peaceful possession.

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