Supreme Court of India · 2013-03-12
Official Liquidator High Ct.Of Judc vs Allahabad Bank & Ors
- Court
- Supreme Court of India
- Petitioner
- Official Liquidator High Ct.Of Judc
- Respondent
- Allahabad Bank & Ors
- Author
- Dipak Misra
- Bench
- Dipak Misra, H. L. Dattu
Judgment text excerpt
The Supreme Court addressed the jurisdiction of the Company Judge under the Companies Act, 1956, in relation to the Recovery of Debts due to Banks and Financial Institutions Act, 1993. It held that the Official Liquidator must follow the appeal process under the RDB Act rather than seeking to set aside the auction through the Company Judge. The Court emphasized the need for the Official Liquidator to be heard in the auction process to represent workmen's dues under Section 529-A of the 1956 Act, thereby affirming the procedural rights of stakeholders in liquidation proceedings.