„29. Therefore, the transfer between the two entities is legal and lawful. At most, it sounds like „tax planning,“ which is more like tax planning. This decision to transfer has the effect not only of reducing the applicant`s share of the overall debt, but also of reducing the other creditors/financial agents in proportion and not opposing the same thing, but only the applicant acts with reasons or oblique reasons which it knows best. Therefore, a fraudulent attempt to reduce the applicant`s share of the overall voting rights is not a plausible ground for the applicant. In the absence of documentary evidence or evidence of the applicant`s assertion, this may be rejected. The Bank therefore rejects the applicant`s allegations and claims. The assignment is essentially a contractual term and refers to an agreement by which the rights and obligations of one party can be transferred to another. As a result of the transfer, the agents follow in the footsteps of their cedar and agree to be linked to them and are entitled to enforce them. To be valid, a transfer contract must meet the requirements of the Indian Contract Act of 1872 . Accordingly, a transfer agreement under section 23 of the Act may be struck down if the purpose of the transfer agreement is (a) so that, if authorized, it would nullify the provisions of a statute; or (b) fraudulently; or (c) the violation of the person or property of another person; or (d) the Tribunal considers them immoral or contrary to public policy. Second, it will be counterproductive and have uninted effects. It will strongly deter real-world companies from replenishing assets or other interested parties in the debt of a credy partner.
Certainly, the code could not have prevented the controls executed in the context of normal operations from being impeded. The Tribunal found that the term „promotion“ refers to a written act that transfers a title or interest from one person to another, and that the use of the words „for sale“ and „transferred“ means that the document itself should create or empat a complete title in the purpose of the sale in Vendee. Since, under the instrument, the agent`s rights to recover the debts guaranteed by the underlying securities have been transferred to Kotak, it is not possible to consider that the promotion or sale requirement is met. Under the Amending Act, Section 5 (1A) has been inserted into SARFAESI, which provides that any agreement or document for the transfer or transfer of rights or interest on financial assets, in accordance with Section 5, paragraph 1, of SARFAESI, is not required to pay stamp duty to a CRA.