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march 2001

Supreme Court of India · 2001-03-27

Hanuman Prasad Bagri & Ors vs Bagress Cereals Pvt. Ltd. & Ors

Citation / case number
AIR 2001 SUPREME COURT 1416
Court
Supreme Court of India
Petitioner
Hanuman Prasad Bagri & Ors
Respondent
Bagress Cereals Pvt. Ltd. & Ors
Bench
S. Rajendra Babu, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court held that under Section 397 of the Companies Act, 1956, the Petitioners must demonstrate that the company's affairs are being conducted in a manner prejudicial to public interest or oppressive to members, and that winding up would unfairly prejudice them. The Court found that the Petitioners failed to establish these grounds, thus affirming the Calcutta High Court's decision to dismiss the appeal. The ruling clarified that without sufficient evidence of oppression or mismanagement, relief under Section 397 cannot be granted.

Hanuman Prasad Bagri & Ors vs Bagress Cereals Pvt. Ltd. & Ors · Niyam