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january 1963

Supreme Court of India · 1963-01-24

SHANKARLAL AGGARWAL AND ORS. vs SHANKARLAL PODDAR AND ORS.

Citation / case number
SC 1960/224
Court
Supreme Court of India
Petitioner
SHANKARLAL AGGARWAL AND ORS.
Respondent
SHANKARLAL PODDAR AND ORS.
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the order of the Company Judge confirming the sale of assets was a judicial order, not merely administrative, under Section 202 of the Indian Companies Act, 1913. The Court clarified that the nature of the order determines its classification, and an order sanctioning a sale involves discretion and judicial consideration. The appeal against the Division Bench's decision to interfere with the Company Judge's order was upheld, confirming the judicial nature of the original order and the validity of the sale process.

SHANKARLAL AGGARWAL AND ORS. vs SHANKARLAL PODDAR AND ORS. · Niyam