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: Under what circumstances transactions will not be referred to as Preferential Transactions?
Answer & Explanation:
Section 43(3) of the Insolvency and Bankruptcy Code, 2016 provides that for the purposes of sub-section (2), a preference shall not include the following transfers- The transfer made in the ordinary course of the business or financial affairs of the corporate debtor or the transferee; Any transfer creating a security interest in property acquired by the corporate debtor to the extent that- Such security interest secures new value and was given at the time of or after the signing of a security agreement that contains a description of such property as security interest and was used by corporate debtor to acquire such property; and Such transfer was registered with an information utility on or before thirty days after the corporate debtor receives possession of such property. Provided that any transfer made in pursuance of the order of a court shall not, preclude such transfer to be deemed as giving of preference by the corporate debtor. Explanation. - For the purpose of sub-section (3) of this section, "new value" means money or its worth in goods, services, or new credit, or release by the transferee of property previously transferred to such transferee in a transaction that is neither void nor voidable by the liquidator or the resolution professional under this Code, including proceeds of such property, but does not include a financial debt or operational debt substituted for existing financial debt or operational debt.
Topics: Preferential Transactions
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