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september 2000

Supreme Court of India · 2000-09-26

ALLAHABAD BANK vs ARC HOLDING LTD. & ORS

Citation / case number
SC 1999/3651
Court
Supreme Court of India
Petitioner
ALLAHABAD BANK
Respondent
ARC HOLDING LTD. & ORS
Author
Doraiswamy Raju A.P. Misra
Bench
Doraiswamy Raju A.P. Misra

Judgment text excerpt

The Supreme Court addressed the issue of whether a court can order the sale of a factory as a 'going concern' after previously ordering the sale of specific assets. The Court held that the execution order for the sale of the factory as a 'going concern' does not nullify the earlier execution order for the sale of plant and machinery, as the latter was limited to the security of the creditor, Allahabad Bank. The Court emphasized that the sale as a 'going concern' can be considered separately, thus upholding the High Court's decision to allow such a sale under the modified execution order.

ALLAHABAD BANK vs ARC HOLDING LTD. & ORS · Niyam