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march 2013

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.

Official Liquidator High Ct.Of Judc vs Allahabad Bank & Ors · Niyam