Supreme Court of India · 2006-07-11
M/S.ASSOCIATED JOURNALS LTD. vs THE MYSORE PAPER MILLS LTD.
- Citation / case number
- SC 1998/5252
- Court
- Supreme Court of India
- Petitioner
- M/S.ASSOCIATED JOURNALS LTD.
- Respondent
- THE MYSORE PAPER MILLS LTD.
- Author
- AR.LAKSHMANAN
- Bench
- DR.AR.LAKSHMANAN & LOKESHWAR SINGH PANTA
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of Company Appeal No.1 of 1994, affirming that the Company Judge did not err in allowing the respondent to file a fresh affidavit to rectify defects in the verification of the Winding Up Petition. The Court noted that the appellant's claim of having already paid the debt was not substantiated, and thus the Winding Up Petition was deemed maintainable. The Court emphasized that the findings regarding the sufficiency of reasons for advertisement were not final, thereby supporting the procedural decisions of the lower court.