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july 2016

Supreme Court of India · 2016-07-04

M/S ANITA INTERNATIONAL vs TUNGABADRA SUGAR WORKS MAZ.SANGH .

Citation / case number
SC 2009/34112
Court
Supreme Court of India
Petitioner
M/S ANITA INTERNATIONAL
Respondent
TUNGABADRA SUGAR WORKS MAZ.SANGH .
Author
Jagdish Singh Khehar
Bench
ADARSH KUMAR GOEL JAGDISH SINGH KHEHAR

Judgment text excerpt

The Supreme Court addressed the legal implications of the winding up of Deve Sugars Ltd. under the Companies Act, 1956, and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Court held that the leave granted by the High Court to the State Bank of Mysore to proceed with recovery was conditional upon the involvement of the Official Liquidator and the prohibition of coercive actions against the company's assets during the DRT proceedings. The judgment clarified the rights of creditors in liquidation scenarios, emphasizing the need for compliance with court orders regarding asset management.

M/S ANITA INTERNATIONAL vs TUNGABADRA SUGAR WORKS MAZ.SANGH . · Niyam