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october 2014

Supreme Court of India · 2014-10-28

MANOJ I NAIK & ASSOCIATES vs OFFICIAL LIQUIDATOR

Citation / case number
SC 2012/29211
Court
Supreme Court of India
Petitioner
MANOJ I NAIK & ASSOCIATES
Respondent
OFFICIAL LIQUIDATOR
Author
DIPAK MISRA
Bench
DIPAK MISRA,ROHINTON FALI NARIMAN,UDAY UMESH LALIT

Judgment text excerpt

The Supreme Court addressed the issue of property sales under the Companies Act, 1956, specifically examining the discretion exercised by the Company Judge in rejecting the Official Liquidator's report on the highest bid for company assets. The Court emphasized that the valuation by Bank of Baroda at Rs. 6.25 crores significantly exceeded the highest bid of Rs. 1.03 crores, thus establishing that judicial discretion must align with market realities. The Court ultimately held that the rejection of the higher valuation was improper, leading to a directive for the assets to be sold at a fair market price.

MANOJ I NAIK & ASSOCIATES vs OFFICIAL LIQUIDATOR · Niyam