Dr. Noel Pratheepan Somasundaram vs G.K. Sudath Kumara – SC APPEAL 179/2018-2024

In the case between Dr. Noel Pratheepan Somasundaram (Party-Noticed-Appellant) and G.K. Sudath Kumara (Liquidator), among other respondents, the Supreme Court addressed issues under the Companies Act No. 07 of 2007 relating to the alleged voidability of immovable property transfers executed during the winding up of Touchwood Investments (Private) Ltd. The central determination involved whether transactions occurring within the restricted period are presumed to be conducted when the company was unable to pay its debts, and which party bears the burden of proof regarding this presumption and initiation of inquiry. The court considered Sections 367, 369, and 370 of the Companies Act and relevant evidentiary statutes, holding that the Liquidator initially bears the burden to establish that the