Supreme Court of India · 1984-08-16
SUDARSAN CHITS (I) LTD. vs O. SUKUMARAN PILLAI & ORS.
- Citation / case number
- SC 1984/68392
- Court
- Supreme Court of India
- Petitioner
- SUDARSAN CHITS (I) LTD.
- Respondent
- O. SUKUMARAN PILLAI & ORS.
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that under Section 446(2) of the Companies Act, 1956, the court has jurisdiction to entertain claims on behalf of a company in winding up, which was previously not available under Section 171 of the Indian Companies Act, 1913. The Court clarified that the appointment of a provisional Liquidator allows for the filing of claim petitions to recover debts owed to the company, thereby facilitating the winding up process. The appeal was allowed, reversing the High Court's decision that denied the application for filing claims due to the winding up proceedings being no longer pending.