Cos 328 — Fraudulent preference

Companies Act, 2013

Statutory text

(1) Where a company has given preference to a person who is one of the creditors of the company or a surety or guarantor for any of the debts or other liabilities of the company, and the company does anything or suffers anything done which has the effect of putting that person into a position which, in the event of the company going into liquidation, will be better than the position he would have  been in  if  that thing  had  not  been done  prior to  six  months  of  making  winding  up  application, the
Tribunal,  if  satisfied  that,  such  transaction  is  a  fraudulent  preference  may  order  as  it  may  think  fit  for restoring the position to what it would have been if the company had not given that preference.
(2) If the Tribunal is satisfied that there is a preference transfer of property, movable or immovable, or any delivery of goods, payment, execution made, taken or done by or against a company within six months before  making  winding up application, the Tribunal may order as it may think fit and  may  declare  such transaction invalid and restore the position.

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