Supreme Court of India · 2013-03-12
OFFICIAL LIQUIDATOR HIGH CT.OF JUDC. vs ALLAHABAD BANK .
- Citation / case number
- SC 2011/15392
- Court
- Supreme Court of India
- Petitioner
- OFFICIAL LIQUIDATOR HIGH CT.OF JUDC.
- Respondent
- ALLAHABAD BANK .
- Author
- Dipak Misra
- Bench
- DIPAK MISRA H.L. DATTU
Judgment text excerpt
The Supreme Court ruled that the Company Judge under the Companies Act, 1956 does have jurisdiction to set aside an auction or sale conducted by the Recovery Officer under the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Court emphasized that the Official Liquidator must be given an opportunity to represent the workmen's dues as per Section 529-A of the Companies Act. The Court upheld the Company Judge's decision to set aside the sale certificate due to the lack of representation for the Official Liquidator, thereby ensuring the protection of workmen's rights in liquidation proceedings.