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may 2011

Supreme Court of India · 2011-05-24

Shradhha Aromatics P.Ltd vs Ol Of Global Arya Ind.Ltd.& Ors

Citation / case number
AIRONLINE 2011 SC 532
Court
Supreme Court of India
Petitioner
Shradhha Aromatics P.Ltd
Respondent
Ol Of Global Arya Ind.Ltd.& Ors
Author
G.S. Singhvi
Bench
Asok Kumar Ganguly, G.S. Singhvi

Judgment text excerpt

The Supreme Court addressed the appeal against the Gujarat High Court's decision allowing the sale of assets of M/s. Global Arya Industries Limited to respondent No.2, despite a higher bid from the appellant. The Court emphasized that the winding-up process under the Companies Act requires the maximization of asset value, and that the absence of executed sale deeds means the transaction is not complete. The Court upheld the Company Judge's decision to reconsider the sale in light of a higher offer, establishing that the court retains discretion to ensure fair market value is achieved in liquidation proceedings.

Shradhha Aromatics P.Ltd vs Ol Of Global Arya Ind.Ltd.& Ors · Niyam