undervalued transaction as defined
under section 45 of the Code.
*** *** ***
In this case, we have found that impugned transactions are
covered under preferential transactions ... impugned
preferential transactions are also undervalued transactions and
covered under section 45(1) of the Code. It is also clear that
these transactions are undertaken
various categories namely -
• preferential transactions,
• undervalued transactions,
• transactions defrauding creditors, and
• extortionate credit transactions.
All transactions are dealt with under Chapter III related to liquidation ... undervalued transactions,
transactions defrauding creditors and extortionate credit transactions. In the
present case however, this Court is only concerned with preferential
transactions.
55. A perusal
corporate debtor in which a preferential transaction undervalued transaction, extortionate credit transaction or fraudulent transaction has taken place and in respect of which on order ... this clause shall not apply if a preferential transaction, undervalued transaction, extortionate credit transaction or fraudulent transaction has taken place prior to the acquisition
them, the transactions in question cannot be
termed to be 'preferential transactions' within the meaning of Section ... that the transaction, in question, come within the meaning of
'preferential transaction', 'undervalued transaction' and 'fraudulent
transaction' made
Mining Private Ltd. for cancelled
sale-and-lease back transactions. The transactions included a
transaction entered into by the writ petitioner/Venus Recruiters ... objectionable transactions and under Regulation 39, the RP has to submit,
along with the Resolution Plans, details of the objectionable transactions
including preferential transactions
DHFL"), appointed M/s Grant Thornton as transaction
auditors for unearthing transactions that could be avoided/ set aside under
Sections ... said judgement, it is held that an
avoidance application for any preferential transaction is meant to
benefit the creditors of the Corporate Debtor
claim of the Appellant but has treated
the same as preferential transaction in term of Section 43(2)(a) of the Code.
Considering that this ... required to apply to the Adjudicating Authority for
avoidance of preferential transactions and for one or more
of the orders referred to in section
fraudulent transaction. Additionally, a transaction amounting to
Rs.1,02,09,360/- between the corporate debtor and Respondent - SAKS
Developers LLP is a preferential transaction ... which was in the ordinary course of business and not a
preferential transaction as held in the impugned order. He has further
submitted that this
treat the
pledge in favour of the Appellant as a preferential transaction during
the pendency of the Appeal etc.
Company Appeal ... them aside during CIRP period and suddenly
now it becomes preferential transaction, this is an afterthought. The
shares of Innoventive America's INC (Respondent
Mining Private Ltd. for cancelled
sale-and-lease back transactions. The transactions included a
transaction entered into by the writ petitioner/Venus Recruiters ... objectionable transactions and under Regulation 39, the RP has to submit,
along with the Resolution Plans, details of the objectionable transactions
including preferential transactions
