Supreme Court of India · 1996-01-03
AMIYA PROSAD SANYAL vs BANK OF COMMERCE LTD. .
- Citation / case number
- SC 1991/78401
- Court
- Supreme Court of India
- Petitioner
- AMIYA PROSAD SANYAL
- Respondent
- BANK OF COMMERCE LTD. .
- Author
- G.N. RAY
- Bench
- G.N. RAY
Judgment text excerpt
The Supreme Court addressed appeals against orders of the Calcutta High Court regarding the exclusion of certain properties from a sale in execution proceedings under the Companies Act. The Court held that the properties in question, which were found to belong to the respondents, should not have been included in the auction sale. The judgment emphasized the need for proper identification of properties belonging to the judgment debtor before execution, affirming the principle that properties not belonging to the debtor cannot be sold to satisfy debts under Section 529 of the Companies Act.