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september 2008

Supreme Court of India · 2008-09-25

M/S PRESTIGE GARDEN ESTATES PVT.LTD. vs STATE OF KARNATAKA .

Citation / case number
SC 2007/20823
Court
Supreme Court of India
Petitioner
M/S PRESTIGE GARDEN ESTATES PVT.LTD.
Respondent
STATE OF KARNATAKA .
Author
S.H. KAPADIA,B. SUDERSHAN REDDY, , ,
Bench
S.H. KAPADIA,B. SUDERSHAN REDDY, , ,

Judgment text excerpt

The Supreme Court addressed the appeal concerning the cancellation of a public auction for the sale of a company's assets under the Companies Act, specifically Section 391. The Court held that the High Court's cancellation of the sale proceedings was arbitrary as no feasible revival plan was presented, and thus the order was incorrect. However, it ruled that due to the passage of time, the acceptance of the highest bid by M/s Prestige Garden Estates Pvt. Ltd. could not be considered, allowing for fresh bids to be called in light of current market conditions.

M/S PRESTIGE GARDEN ESTATES PVT.LTD. vs STATE OF KARNATAKA . · Niyam