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february 1992

Supreme Court of India · 1992-02-25

SMT. NIRMALA R. BAFNA/KERSHI SHIVAX CAMBATTA ANDORS. vs KHANDESH SPINNING AND WEAVING MILLS CO. LTD. ANDANR./OFFICI

Citation / case number
SC 1992/87161
Court
Supreme Court of India
Petitioner
SMT. NIRMALA R. BAFNA/KERSHI SHIVAX CAMBATTA ANDORS.
Respondent
KHANDESH SPINNING AND WEAVING MILLS CO. LTD. ANDANR./OFFICI
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court addressed the issue of tenancy rights in the context of a company in liquidation under the Companies Act, specifically Section 446. The Court held that the appellant, claiming to be a sub-tenant, had a right to occupy the premises and that the official liquidator's actions in converting her status to that of an agent were unwarranted. The Court dismissed the appeal against the High Court's decision, affirming that the tenancy interest was not an asset of the company in liquidation and that the appellant's rights should be recognized under the Bombay Rent Act.

SMT. NIRMALA R. BAFNA/KERSHI SHIVAX CAMBATTA ANDORS. vs KHANDESH SPINNING AND WEAVING MILLS CO. LTD. ANDANR./OFFICI · Niyam