Attachment of property of mala fide transferees can be ordered after show-cause and finding of non-bona fide transfer. Where the Designated Court is satisfied there is reasonable cause to believe a deposit taker transferred property otherwise than in good faith and not for commensurate consideration, it may require any transferee to appear and show cause why property equivalent to the proper value of the transferred property should not be attached; if the transferee does not appear or the Court is satisfied the transfer was not bona fide and not for commensurate consideration, the Court shall order attachment of property equivalent to that value.
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.
Attachment of property of mala fide transferees can be ordered after show-cause and finding of non-bona fide transfer.
Where the Designated Court is satisfied there is reasonable cause to believe a deposit taker transferred property otherwise than in good faith and not for commensurate consideration, it may require any transferee to appear and show cause why property equivalent to the proper value of the transferred property should not be attached; if the transferee does not appear or the Court is satisfied the transfer was not bona fide and not for commensurate consideration, the Court shall order attachment of property equivalent to that value.
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