Supreme Court of India · 1959-11-10
THE OFFICIAL LIQUIDATORS,U. P. UNION BANK LTD. vs SHRI RAMESHWAR NATH AGGARWAL
- Citation / case number
- SC 1958/51
- Court
- Supreme Court of India
- Petitioner
- THE OFFICIAL LIQUIDATORS,U. P. UNION BANK LTD.
- Respondent
- SHRI RAMESHWAR NATH AGGARWAL
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court ruled that under the Indian Companies Act, 1913, specifically Section 230, the landlord is not entitled to priority for rent claims during the winding up of a company. The Court clarified that while the landlord can claim rent accrued since the winding up order, the priority of payment is not established by the Companies Act or the High Court's rules. The Official Liquidators were not liable for the rent as the premises were not used for winding up purposes, and the landlord's claim must be treated on par with other creditors.