This appeal arose u/s 61 of the Insolvency and Bankruptcy Code, ...

IBC: Suspended Director's preferential transaction payment reversed in liquidation.

Case Laws     IBC

November 11, 2024

This appeal arose u/s 61 of the Insolvency and Bankruptcy Code, 2016, filed by the Suspended Director against the Adjudicating Authority's order. The Liquidator had obtained a Transaction Audit Report, which identified a payment of Rs. 3,67,900/- to the Suspended Director as a preferential transaction. The Adjudicating Authority rightly noted that this payment placed the Suspended Director in a beneficial position against the provisions of Section 53, which prioritizes secured creditors and workmen over unsecured creditors. The Suspended Director could have staked his claim for the outstanding unsecured loan u/s 53's waterfall mechanism. Since the Liquidator formed an opinion based on the Transaction Audit Report and filed an application before the Adjudicating Authority, the contention that the Liquidator did not form an opinion cannot be accepted. Consequently, the appeal was dismissed.

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