Supreme Court of India · 2006-11-16
Kores (India) Ltd vs Bank Of Maharashtra & Ors
- Citation / case number
- 2006 AIR SCW 6409
- Court
- Supreme Court of India
- Petitioner
- Kores (India) Ltd
- Respondent
- Bank Of Maharashtra & Ors
- Author
- P.K. Balasubramanyan
- Bench
- H.K. Sema, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court addressed the leasing arrangement between M/s Jyoti Chemicals and the appellant, emphasizing the implications of the Bank of Maharashtra's claim for recovery and specific performance under the relevant provisions of the Code of Civil Procedure. The Court held that the appointment of a receiver was justified due to the Bank's prior hypothecation and the appellant's failure to pay rent, affirming the Division Bench's decision to allow the receiver to manage the property while ensuring the appellant's continued possession. The Court clarified that the receiver's authority included collecting rent and royalties, thereby upholding the interim orders issued by the lower courts.