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.