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december 1970

Supreme Court of India · 1970-12-16

SMT. JATAN GOLCHA vs M/S GOLCHA PROPERTIES (P) LTD.

Citation / case number
SC 1970/60063
Court
Supreme Court of India
Petitioner
SMT. JATAN GOLCHA
Respondent
M/S GOLCHA PROPERTIES (P) LTD.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that an appeal lies under Section 483 of the Indian Companies Act, 1956 from any order made in the winding up of a company, and that the appellant, as the landowner, was entitled to appeal against the company Judge's order for auctioning leasehold rights without notice. The Court emphasized the necessity of adhering to natural justice principles, which require that any party whose rights may be affected must be given notice and an opportunity to be heard. The High Court's ruling that the appellant could only seek remedy through a suit was overturned, affirming the right to appeal.

SMT. JATAN GOLCHA vs M/S GOLCHA PROPERTIES (P) LTD. · Niyam