In Re: Mohan Exports India Ltd. vs. Tarun Overseas Pvt. Ltd.

In case the proposed scheme is bona fide and genuine and is not against public interest then mere fact that certain immovable properties or right to recover debts etc. are transferred to the transferee company would not mean that they are in violation of any provisions of the Transfer of Property Act. However, if such scheme is only with the ulterior motive to transfer the immovable properties without payment of Government or statutory dues, then the same would be against the public interest and the Court will not approve the scheme.

Transcore vs. Union of India (UOI) and Anr.

Transcore vs. Union of India (UOI) and Anr. Supreme Court 29.11.2006 Key Words: debt, recovery, security, banks, financial institutions, liability, tribunal, reconstruction, financial assets, enforcement of security interest, Mardia Chemicals, possession, immovable properties, notice, enabling provision Relevant Acts & Provisions: Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI/NPA) Act, 2002: Ss. 13 (2), 13(4), 17…