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november 2006

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.

Kores (India) Ltd vs Bank Of Maharashtra & Ors · Niyam