164A1[Transactions defrauding creditors.
Section 164A · Part III · Chapter V · page 119 of the Act
Where the debtor has entered into an undervalued transaction as referred to in sub-section (6) of section 164 and the Adjudicating Authority is satisfied that such transaction was deliberately entered into by such debtor—
(a) for keeping its assets beyond the reach of any person who is entitled to make a claim against the debtor; or
(b) in order to adversely affect the interests of such a person in relation to the claim, the Adjudicating Authority shall make an order,—
(i) restoring the position as it existed before such transaction, as if the transaction had not been entered into; and
(ii) protecting the interests of persons who are victims of such transactions:
Provided that an order under this section—
(a) shall not affect any interest in property which was acquired from a person other than the debtor or his associate, as the case may be, and was acquired in good faith, for value and without notice of the relevant circumstances, or affect any interest deriving from such an interest; and
(b) shall not require a person who received a benefit from the transaction in good faith, for value and without notice of the relevant circumstances to pay any sum, unless he was a party to the transaction.]
1 Ins. by Act 6 of 2026, s. 56 (w.e.f. 26-05-2026).