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Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
The dominant issue was whether the provisional attachment could be sustained by treating the land purchases as benami transactions under section 2(9)(A) of the 1988 Act as amended in 2016, despite the acquisitions preceding the amendment and objections regarding "transfer/held" and notice. The tribunal found admissions that properties were purchased in the benamidar's name while consideration flowed from the alleged beneficial owner, and that the appellants failed to substantiate any asserted onward transfer arrangement. Holding that the statutory ingredients of section 2(9)(A) stood satisfied on facts and finding no basis to interfere, the appeals were dismissed and the attachment upheld - AT
The dominant issue was whether the provisional attachment could be sustained by treating the land purchases as benami transactions under section 2(9)(A) of the 1988 Act as amended in 2016, despite the acquisitions preceding the amendment and objections regarding "transfer/held" and notice. The tribunal found admissions that properties were purchased in the benamidar's name while consideration flowed from the alleged beneficial owner, and that the appellants failed to substantiate any asserted onward transfer arrangement. Holding that the statutory ingredients of section 2(9)(A) stood satisfied on facts and finding no basis to interfere, the appeals were dismissed and the attachment upheld - AT
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