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august 2008

Supreme Court of India · 2008-08-13

DCM FINANCIAL SERVICES LTD. vs NEEL KAMAL PLASTICS LTD.

Citation / case number
SC 2002/63258
Court
Supreme Court of India
Petitioner
DCM FINANCIAL SERVICES LTD.
Respondent
NEEL KAMAL PLASTICS LTD.
Author
AFTAB ALAM
Bench
P. SATHASIVAM,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court upheld the orders of the Punjab & Haryana High Court requiring the appellant to deposit Rs. one crore received from the sale of property belonging to M/s. Pure Drinks (New Delhi) Ltd. under Sections 433 and 434 of the Companies Act, 1956. The Court emphasized the need for transparency and consistency in proceedings involving multiple creditors and courts, affirming the High Court's decision to ensure equitable treatment of all creditors. The appeal was dismissed, reinforcing the principle that creditors must act in good faith and report concurrent proceedings to avoid conflicting orders.

DCM FINANCIAL SERVICES LTD. vs NEEL KAMAL PLASTICS LTD. · Niyam