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august 1984

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.

SUDARSAN CHITS (I) LTD. vs O. SUKUMARAN PILLAI & ORS. · Niyam