IBC 47 — Application by creditor in cases of undervalued transactions

Insolvency & Bankruptcy Code, 2016

Statutory text

(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  a  corporate  debtor,  as  the case may be, may make an application to the Adjudicating Authority to declare such transactions void and reverse their effect in accordance with this Chapter.
(2)   Where   the   Adjudicating   Authority,   after   examination   of   the   application   made   under sub-section (1), is satisfied that—
(a) undervalued transactions had occurred; and (b)  liquidator  or  the  resolution  professional,  as  the  case  may  be,  after  having  sufficient information or opportunity to avail information of such transactions did not report such transaction to the Adjudicating Authority, it shall pass an order—

(a) restoring the position as it existed before such transactions and reversing the effects thereof in the manner as laid down in section 45 and section 48;
(b)  requiring the  Board  to  initiate  disciplinary  proceedings  against  the  liquidator  or  the  resolution professional as the case may be.

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