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    <title>2026 (5) TMI 768 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI (LB)</title>
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    <description>A resolution professional may appoint a transaction auditor and file an avoidance application without prior committee approval, and non-joinder of the transferee companies did not vitiate the summary proceedings. On preferential transfers, Section 43 requires a transfer to a creditor, surety or guarantor for antecedent debt or liability that places the recipient in a better position than under liquidation; for related parties, the longer look-back period applies. On the material recorded, the transfer to one related party was not shown to meet the statutory ingredients, while the transfer to another related party was treated as preferential because it was linked to admitted creditor status and was not established to be in the ordinary course of business.</description>
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      <description>A resolution professional may appoint a transaction auditor and file an avoidance application without prior committee approval, and non-joinder of the transferee companies did not vitiate the summary proceedings. On preferential transfers, Section 43 requires a transfer to a creditor, surety or guarantor for antecedent debt or liability that places the recipient in a better position than under liquidation; for related parties, the longer look-back period applies. On the material recorded, the transfer to one related party was not shown to meet the statutory ingredients, while the transfer to another related party was treated as preferential because it was linked to admitted creditor status and was not established to be in the ordinary course of business.</description>
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