Fraudulent preference: preferential transfers to creditors can be invalidated and reversed to restore insolvency positions. A company gives a fraudulent preference if it places a creditor, surety or guarantor in a better position for liquidation by doing or suffering an act; where such preferential transfers or payments occur within the prescribed pre-winding up period the Tribunal may declare the transaction invalid and order restoration to the position that would have existed but for the preference.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Fraudulent preference: preferential transfers to creditors can be invalidated and reversed to restore insolvency positions.
A company gives a fraudulent preference if it places a creditor, surety or guarantor in a better position for liquidation by doing or suffering an act; where such preferential transfers or payments occur within the prescribed pre-winding up period the Tribunal may declare the transaction invalid and order restoration to the position that would have existed but for the preference.
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