adjudged insolvent, would be
deemed in his insolvency a fraudulent preference, shall
in the event of the company being wound up, be deemed
a fraudulent ... that
while Section 328 of the Act of 2013 deals with
fraudulent preference and Section 329 thereof deals
with transfers not in good faith
Cyrus Investments Pvt. Ltd. & Anr vs Tata Sons Ltd. & Ors on 18 December
entered
into by a Corporate Debtor, wherein a Corporate Debtor gave undue
preference at a relevant time to any person. The 'transfer of property ... Transferee'. In a case of 'Fraudulent Preference' the dominant motive
of a 'Debtor' in effecting transfer to a certain creditor
Loan
Agreement was a sham and collusive document to give fraudulent preference
to the Appellant:
a. No legal remedy was undertaken by the Appellant
against an individual, be deemed in
his insolvency to be a fraudulent preference;
Company Appeals (AT) No.213 and 296 of 2017
21
(h) removal
Companies Act 1956 which contained provisions regarding 'fraudulent
preference'. Section 53(1) entailed element of fraud and hence, the
question of intention
against an individual, be
deemed in his insolvency to be a fraudulent preference;
(h) removal of the managing director, manager or any of
the directors
against an
individual, be deemed in his insolvency to be a
fraudulent preference;
Clause (e) is with respect to termination of any agreement
between directors
Mr. Vineet Khosla vs Ascot Hotels And Resorts Private ... on 25 August, 2022
Author: Ashok
Mrs. Sonia Khosla vs Mr Sameer Kudsia on 25 August, 2022
1
NATIONAL COMPANY LAW
