Distribution of assets Section 53: Distribution of assets. *53. (1) Notwithstanding anything to the contrary contained in any law enacted by the Parliament or any State Legislature for the time being in force, the proceeds from the sale of the liquidation assets shall be distributed in the following order of priority and within such period … Read more

Secured creditor in liquidation proceedings Section 52: Secured creditor in liquidation proceedings. *52. (1) A secured creditor in the liquidation proceedings may— (a) relinquish its security interest to the liquidation estate and receive proceeds from the sale of assets by the liquidator in the manner specified in section 53; or (b) realise its security interest … Read more

Orders of Adjudicating Authority in respect of extorionate credit transactions Section 51: Orders of Adjudicating Authority in respect of extortionate credit transactions. *51. Where the Adjudicating Authority after examining the application made under sub-section (1) of section 50 is satisfied that the terms of a credit transaction required exorbitant payments to be made by the … Read more

Extortionate credit transactions Section 50: Extortionate credit transactions. *50. (1) Where the corporate debtor has been a party to an extortionate credit transaction involving the receipt of financial or operational debt during the period within two years preceding the insolvency commencement date, the liquidator or the resolution professional as the case may be, may make … Read more

Transactions defrauding creditors Section 49: Transactions defrauding creditors. *49. Where the corporate debtor has entered into an undervalued transaction as referred to in sub-section (2) of section 45 and the Adjudicating Authority is satisfied that such transaction was deliberately entered into by such corporate debtor— (a) for keeping assets of the corporate debtor beyond the … Read more

Order in cases of undervalued transactions Section 48: Order in cases of undervalued transactions. *48. The order of the Adjudicating Authority under sub-section (1) of section 45 may provide for the following:— (a) require any property transferred as part of the transaction, to be vested in the corporate debtor; (b) release or discharge (in whole … Read more

Application by creditor in cases of undervalued transactions Section 47: Application by creditor in cases of undervalued transactions. * 47. (1) Where an undervalued transaction has taken place and the liquidator or the resolution professional as the case may be, has not reported it to the Adjudicating Authority, a creditor, member or a partner of … Read more

Relevant period for avoidable transactions Section 46: Relevant period for avoidable transactions. *46. (1) In an application for avoiding a transaction at undervalue, the liquidator or the resolution professional, as the case may be, shall demonstrate that— (i) such transaction was made with any person within the period of one year preceding the insolvency commencement … Read more

Avoidance of undervalued transactions Section 45: Avoidance of undervalued transactions. *45. (1) If the liquidator or the resolution professional, as the case may be, on an examination of the transactions of the corporate debtor referred to in sub-section (2) 1[**] determines that certain transactions were made during the relevant period under section 46, which were … Read more

Orders in case of preferential transactions Section 44: Orders in case of preferential transactions. *44. The Adjudicating Authority, may, on an application made by the resolution professional or liquidator under sub-section (1) of section 43, by an order: (a) require any property transferred in connection with the giving of the preference to be vested in … Read more