Transfers not in good faith void against liquidator when made within one year before a winding up petition. Any transfer or delivery of property by a company not made in the ordinary course of business, and not in favour of a purchaser or encumbrancer in good faith and for valuable consideration, if made within one year before presentation of a petition for winding up by the Tribunal, is void against the Company Liquidator. The provision preserves liquidator rights to challenge dispositions that prejudice creditors while exempting ordinary-course transactions and bona fide purchasers or encumbrancers.
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.
Transfers not in good faith void against liquidator when made within one year before a winding up petition.
Any transfer or delivery of property by a company not made in the ordinary course of business, and not in favour of a purchaser or encumbrancer in good faith and for valuable consideration, if made within one year before presentation of a petition for winding up by the Tribunal, is void against the Company Liquidator. The provision preserves liquidator rights to challenge dispositions that prejudice creditors while exempting ordinary-course transactions and bona fide purchasers or encumbrancers.
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