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november 1968

Supreme Court of India · 1968-11-22

J.K. (BOMBAY) (P) LTD. vs NEW KAISER-I-HIND SPG. & WVG. CO. LTD. & ORS. ETC.

Citation / case number
SC 1968/60147
Court
Supreme Court of India
Petitioner
J.K. (BOMBAY) (P) LTD.
Respondent
NEW KAISER-I-HIND SPG. & WVG. CO. LTD. & ORS. ETC.
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court examined the implications of Sections 391, 392, and 433 of the Companies Act, 1956, in the context of a winding-up petition. The Court held that the obligations undertaken by the management to provide finance for the company were not unlimited but were to be interpreted in a commercial sense, focusing on the prospect of profitability. The Court affirmed the High Court's decision that the J group was bound to procure necessary finances for the operation of the mills, thereby upholding the scheme approved by the High Court.

J.K. (BOMBAY) (P) LTD. vs NEW KAISER-I-HIND SPG. & WVG. CO. LTD. & ORS. ETC. · Niyam