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.