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september 1970

Supreme Court of India · 1970-09-25

BANSIDHAR SHANKARLAL vs MOHD. IBRAHIM & ANR.

Citation / case number
SC 1966/60493
Court
Supreme Court of India
Petitioner
BANSIDHAR SHANKARLAL
Respondent
MOHD. IBRAHIM & ANR.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that Section 171 of the Companies Act, 1913 mandates that leave from the Company Judge is required for executing decrees against a company in liquidation. The Court emphasized that the purpose of this provision is to ensure equitable administration of the company's assets for all creditors. The Court confirmed that if the liquidators obtained the necessary sanction under Section 179, the execution application is maintainable as it is a continuation of the original suit, thereby upholding the lower courts' decisions and rejecting the appellant's objections.

BANSIDHAR SHANKARLAL vs MOHD. IBRAHIM & ANR. · Niyam