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august 1983

Supreme Court of India · 1983-08-19

DMAI vs

Citation / case number
SC 1983/65643
Court
Supreme Court of India
Petitioner
DMAI
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that the Company Judge exceeded his authority by allowing the Liquidator to enter into a caretaker's agreement under Section 457(1)(b) of the Companies Act, 1956, as this was not necessary for the beneficial winding up of the Company. The Court clarified that the Liquidator's powers do not extend to leasing or licensing premises, which is not part of the Company's business. Consequently, the Court directed the Liquidator to surrender possession of the premises to the appellants, the landlords.

DMAI vs · Niyam