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.