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august 2015

Supreme Court of India · 2015-08-07

LAXMI FIBRES LTD. vs A.P. INDUSTRIAL DEV. CORPN. LTD. .

Citation / case number
SC 2004/3890
Court
Supreme Court of India
Petitioner
LAXMI FIBRES LTD.
Respondent
A.P. INDUSTRIAL DEV. CORPN. LTD. .
Author
SHIVA KIRTI SINGH
Bench
SHIVA KIRTI SINGH VIKRAMAJIT SEN

Judgment text excerpt

The Supreme Court ruled that the Official Liquidator does not possess the jurisdiction to adjudicate and quantify claims of statutory corporations when the Company Judge has allowed them to pursue their rights under Section 29 of the State Financial Corporations Act, 1959. The Court emphasized that the sale proceeds from the liquidation must be held in interest-earning deposits until the Official Liquidator quantifies the claims as per Section 529A of the Indian Companies Act. The judgment confirmed the conditions imposed by the Company Judge regarding the sale of assets and the handling of proceeds.

LAXMI FIBRES LTD. vs A.P. INDUSTRIAL DEV. CORPN. LTD. . · Niyam