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.