IBC 166 — Effect of order

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  Subject  to  the  provision  of  sub-section  (2),  an  order  passed  by  the Adjudicating Authority under section 164 or section 165 shall not,—
(a)  give  rise  to  a  right  against  a  person  interested  in  the  property  which  was  acquired  in  an undervalued transaction or a transaction giving preference, whether or not he is the person with whom the bankrupt entered into such transaction; and (b)  require  any  person  to  pay  a  sum  to  the  bankruptcy  trustee  in  respect  of  the  benefit  received from the  undervalued  transaction or a transaction giving preference,  whether or not he is the person with whom the bankrupt entered into such transaction.
(2) The  provision  of  sub-section  (1)  shall  apply  only  if  the  interest  was  acquired  or  the  benefit  was received—
(a) in good faith;
(b) for value;
(c)  without  notice that  the  bankrupt  entered  into  the  transaction  at  an  undervalue  or  for  giving preference;
(d) without notice that the bankrupt has filed an application for bankruptcy or a bankruptcy order has been passed; and (e)  by  any  person  who  at  the  time  of  acquiring the  interest  or  receiving  the  benefit  was  not  an associate of the bankrupt.
(3) Any sum required to be paid to the bankruptcy trustee under sub-section (1) shall be included in the estate of the bankrupt.

Back to IBC