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october 1975

Supreme Court of India · 1975-10-10

HIND OVERSEAS PRIVATE LIMITED vs RAGHUNATH PRASAD JHUNJHUNWALLA AND ANR.

Citation / case number
SC 1970/60386
Court
Supreme Court of India
Petitioner
HIND OVERSEAS PRIVATE LIMITED
Respondent
RAGHUNATH PRASAD JHUNJHUNWALLA AND ANR.
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court held that under Section 433(f) of the Companies Act, 1956, a company may be wound up if it is just and equitable to do so, which is also echoed in Section 44(g) of the Partnership Act. The Court found that the mismanagement of the company by RPJ and PCJ justified the removal of their directorship and the appointment of new directors by the majority shareholders. Consequently, the application for winding up filed by RPJ was upheld, affirming the Court's authority to intervene in corporate governance for equitable relief.

HIND OVERSEAS PRIVATE LIMITED vs RAGHUNATH PRASAD JHUNJHUNWALLA AND ANR. · Niyam