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august 2007

Supreme Court of India · 2007-08-24

M/S.MEGHAL HOMES PVT. LTD. vs SHREE NIWAS GIRNI K.K. SAMITI .

Citation / case number
SC 2005/8976
Court
Supreme Court of India
Petitioner
M/S.MEGHAL HOMES PVT. LTD.
Respondent
SHREE NIWAS GIRNI K.K. SAMITI .
Author
P.K. BALASUBRAMANYAN G.P. MATHUR
Bench
P.K. BALASUBRAMANYAN G.P. MATHUR

Judgment text excerpt

The Supreme Court addressed appeals concerning the winding up of M/s Shreeniwas Cotton Mills Limited under Section 433 of the Companies Act. The Court held that the proposed revival scheme lacked bona fides and viability, as it failed to disclose the company's financial status and was aimed at acquiring valuable land at a low price. The Division Bench's decision to set aside the Company Court's order for convening a meeting to consider the scheme was upheld, emphasizing the need for a proper viability report before any revival efforts could be sanctioned.

M/S.MEGHAL HOMES PVT. LTD. vs SHREE NIWAS GIRNI K.K. SAMITI . · Niyam