Unregistered profit-sharing agreements cannot justify occupation of corporate debtor premises during CIRP; repossession by the Resolution Professional...
The AT affirmed the provisional attachment of agricultural lands and bank accounts as benami transactions. The tribunal found that the properties were transferred to and held by alleged benamidars, with consideration provided by the beneficial owner. The transaction met key definitional requirements: property transferred/held by another, consideration paid by the beneficial owner, and property indirectly benefiting the person providing consideration. The tribunal rejected arguments of fiduciary exceptions, noting the beneficial owner's tight control over transactions through original documents, powers of attorney, and financial records. Consequently, the AT dismissed the appeals and confirmed the attachment under the Prohibition of Benami Property Transactions Act.
The AT affirmed the provisional attachment of agricultural lands and bank accounts as benami transactions. The tribunal found that the properties were transferred to and held by alleged benamidars, with consideration provided by the beneficial owner. The transaction met key definitional requirements: property transferred/held by another, consideration paid by the beneficial owner, and property indirectly benefiting the person providing consideration. The tribunal rejected arguments of fiduciary exceptions, noting the beneficial owner's tight control over transactions through original documents, powers of attorney, and financial records. Consequently, the AT dismissed the appeals and confirmed the attachment under the Prohibition of Benami Property Transactions Act.
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