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september 2000

Supreme Court of India · 2000-09-26

Allahabad Bank vs Arc Holding Limited & Ors

Citation / case number
AIR 2000 SUPREME COURT 3098
Court
Supreme Court of India
Petitioner
Allahabad Bank
Respondent
Arc Holding Limited & Ors
Bench
A.P. Misra, Doraiswamy Raju

Judgment text excerpt

The Supreme Court addressed the issue of whether a court can order the sale of a company's factory as a 'going concern' after previously ordering the sale of specific assets in execution proceedings. The Court held that the introduction of the 'going concern' concept does not nullify the prior execution order, as it is within the court's jurisdiction to modify its orders based on the circumstances of the case. The judgment clarified that the Official Liquidator must ensure that the sale process adheres to the interests of the secured creditor, Allahabad Bank, and the rights of the employees must also be considered during the sale process.

Allahabad Bank vs Arc Holding Limited & Ors · Niyam