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july 2006

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.

M/S.ASSOCIATED JOURNALS LTD. vs THE MYSORE PAPER MILLS LTD. · Niyam