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september 2012

Supreme Court of India · 2012-09-21

Jitendra Nath Singh vs Official Liquidator & Ors

Court
Supreme Court of India
Petitioner
Jitendra Nath Singh
Respondent
Official Liquidator & Ors
Author
Swatanter Kumar
Bench
S.H. Kapadia, A.K. Patnaik, Swatanter Kumar

Judgment text excerpt

The Supreme Court interpreted Sections 529 and 529A of the Companies Act, 1956, establishing that secured creditors and workmen have a pari passu charge over all properties of a company undergoing liquidation, not just those specifically mortgaged. The Court upheld the High Court's decision that the distribution of sale proceeds from the company's assets should be made on a pro rata basis to both secured creditors and workmen. The appeal challenging the High Court's ruling was dismissed, affirming the lower court's interpretation.

Jitendra Nath Singh vs Official Liquidator & Ors · Niyam