Delving further into Preferential Transactions: NCLAT studies section 43 in light of Jaypee ruling, SC upholds
– Shaivi Bhamaria | resolve@vinodkothari.com When a corporate person undergoes Corporate Insolvency Resolution Process (‘CIRP’) or liquidation process, there is an obvious presumption of precedent financial stress, and hence, all the transactions that have an adverse bearing on the financial health of the distressed corporate person, at the cost of stakeholders, come under the scanner. […]