A.M.KHANWILKAR, DINESH MAHESHWARI
ANUJ JAIN INTERIM RESOLUTION PROFESSIONAL FOR JAYPEE INFRATECH LIMITED – Appellant
Versus
AXIS BANK LIMITED ETC. ETC. – Respondent
JUDGMENT
CIVIL APPEAL NOS. 8512-8527OF2019 and connected cases
| Sl. No. | Contents | Page |
| 1. | Introductory | 1-3 |
| 2. | Brief Outline and the Issues Involved | 3-5 |
| 3. | Parties and their respective roles and interest in the matter | 6-7 |
| 4. | The transactions in question | 8-11 |
| 5. | The relevant factual and background aspects | 11-18 |
| 6. | The Application by Interim Resolution Professional and the order passed by NCLT | 18-24 |
| 7. | Appeals before NCLAT: the impugned order | 24-29 |
| 8. | The relevant provisions | 29-37 |
| WHETHER THE TRANSACTIONS IN QUESTION ARE PREFERENTIAL: | ||
| 9. | Broad features of rival contentions and submissions | 38-54 |
| 10. | Insolvency and Bankruptcy Code, 2016: historical background, objects, scheme and structure of the relevant parts | 54-58 |
| 11. | Preferential transaction at a relevant time: concept and connotations | 58-64 |
| 12. | Analysing Section 43 of the Code | 64-74 |
| 13. | Whether impugned transactions are preferential, falling within the ambit of sub-section (2) of Section 43 IBC | 74-80 |
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