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CIRP - Transfer of title of goods or not - Unpaid seller - the ...


Transfer of Goods Title Hinges on Full Payment During CIRP; Seller Retains Ownership of Unpaid Equipment.

October 22, 2022

Case Laws     Insolvency and Bankruptcy     AT

CIRP - Transfer of title of goods or not - Unpaid seller - the intention of the parties to the contract of sale was to pass ownership of the goods only on full payment of sale consideration agreed by the parties. Admittedly, only 30% of the sale consideration was paid and 70% is balance - the Appellant still continues to be owner of the equipment and the equipment being not assets of the Corporate Debtor ought not to have been included in the assets of the Corporate Debtor. - AT

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