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february 2009

Supreme Court of India · 2009-02-19

Ai Champday Industries Ltd vs Official Liquidator & Anr

Court
Supreme Court of India
Petitioner
Ai Champday Industries Ltd
Respondent
Official Liquidator & Anr
Author
S.B. Sinha
Bench
Asok Kumar Ganguly, S.B. Sinha

Judgment text excerpt

The Supreme Court held that a purchaser of assets in liquidation is liable for property tax arrears prior to the date of sale, as per the terms 'as is where is basis' which includes all encumbrances. The Court emphasized that it is the purchaser's responsibility to investigate any liabilities attached to the assets before bidding. The appeal was dismissed, affirming the lower court's decision that the municipality's claim for property tax must be honored by the purchaser, referencing Sections 529 and 529A of the Companies Act, 1956.

Ai Champday Industries Ltd vs Official Liquidator & Anr · Niyam