Read the following background information and answer the questions: Vikram Deshmukh was a successful businessman who had built his empire from scratch. He had a thriving construction business, Deshmukh Constructions, and

CS Professional · Insolvency - Law and Practice · PYQS · June 2025
Read the following background information and answer the questions: Vikram Deshmukh was a successful businessman who had built his empire from scratch. He had a thriving construction business, Deshmukh Constructions, and was well-known for his innovative approach to architecture. His company was booming, and for years, his fortunes seemed unstoppable. However, as the construction market became increasingly competitive, Vikram found himself facing immense financial pressures. He had invested heavily in land acquisitions and large-scale projects, but a sudden downturn in the economy left him unable to meet his obligations. The debts began to pile up, and creditors were knocking on his door. One fateful day, unable to meet his financial obligations and faced with the possibility of bankruptcy, one of the financial Creditor's had filed for bankruptcy under the Insolvency and Bankruptcy Code 2016 (IBC, 2016). The date of filing marked the beginning of the legal process, and Vikram's business was soon under scrutiny by his creditors, including banks and other financial institutions. However, before the official bankruptcy commencement date arrived, a series of events transpired that would forever change Vikram's life. In the weeks following his bankruptcy filing, Vikram found himself desperate to raise funds. He knew his business was struggling and feared that the creditors would seize his property once the bankruptcy proceedings began. In a bid to save some assets, he made a decision that would later become a point of contention, he sold a prime piece of commercial real estate to a buyer, Raghav, a well-known businessman in the city. Vikram presented the sale as an opportunity for Raghav, offering him the property at a fair price. Raghav, a seasoned entrepreneur, did his due diligence and was satisfied with the terms of the transaction. Both parties agreed to the sale, and the deal was completed in good faith. Raghav had no reason to suspect that Vikram was in financial distress or that the transaction could be problematic. On the above background answer the following questions: One of the Creditors of Deshmukh Constructions, approached you as a Company Secretary to give opinion on the genuineness of above transaction as per the IBC, 2016.

Answer & Explanation:

Section 158 of the Insolvency and Bankruptcy Code, 2016 deals with Restrictions on disposition of property. It provides that: Any disposition of property made by the debtor, during the period between the date of filing of the application for bankruptcy and the bankruptcy commencement date shall be void. Any disposition of property made under sub-section (1) shall not give rise to any right against any person, in respect of such property, even if he has received such property before the bankruptcy commencement date in - good faith; for value; and without notice of the filing of the application for bankruptcy. For the purposes of this section, the term "property" means all the property of the debtor, whether or not it is comprised in the estate of the bankrupt, but shall not include property held by the debtor in trust for any other person. As the bankruptcy proceedings officially commenced, the appointed Insolvency Professional (IP) began reviewing all of Vikram's transactions to ensure fairness and that no fraudulent preferences had been made. Upon discovering the sale of the property to Mr. Raghav, the IP raised a red flag. The transaction took place during the window between the filing date and the bankruptcy commencement date. According to Section 158(1) of the Insolvency and Bankruptcy Code, any disposition of property made by the debtor during this period is considered void, even if the transaction was made in good faith and for value. The law was clear as such dispositions were deemed invalid because they could unfairly prejudice the creditors, depriving them of assets that might have otherwise been used to satisfy their claims. Despite the fact that Mr. Raghav had purchased the property in good faith and had paid a fair price, the law did not distinguish between good intentions and potential harm to creditors. The Insolvency Professional shall file a report, and the matter would be taken up with the National Company Law Tribunal (NCLT), which ruled that the transaction between Vikram and Raghav was void.

Topics: Restrictions on Disposition of Property

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