Fraudulent preference in winding up treats the preferred person as personally liable like a surety to secured extent. If a winding-up transaction is invalid as a fraudulent preference of a person with an interest in mortgaged or charged property, that person is subject to the same liabilities and entitled to the same rights as if personally liable as a surety, limited to the mortgage or charge or the value of the interest, whichever is less. The interest's value is determined at the transaction date as if free of encumbrances except those attaching to the mortgage or charge. The Tribunal may determine disputes between payee and surety or guarantor, grant relief, and permit impleader; this framework applies mutatis mutandis to non-payment transactions.
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 in winding up treats the preferred person as personally liable like a surety to secured extent.
If a winding-up transaction is invalid as a fraudulent preference of a person with an interest in mortgaged or charged property, that person is subject to the same liabilities and entitled to the same rights as if personally liable as a surety, limited to the mortgage or charge or the value of the interest, whichever is less. The interest's value is determined at the transaction date as if free of encumbrances except those attaching to the mortgage or charge. The Tribunal may determine disputes between payee and surety or guarantor, grant relief, and permit impleader; this framework applies mutatis mutandis to non-payment transactions.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.