Supreme Court of India · 2016-03-29
JABAL C.LASHKARI vs OFFICIAL LIQUIDATOR (PRASAD MILLS LTD.) .
- Citation / case number
- SC 2008/34684
- Court
- Supreme Court of India
- Petitioner
- JABAL C.LASHKARI
- Respondent
- OFFICIAL LIQUIDATOR (PRASAD MILLS LTD.) .
- Author
- PRAFULLA C. PANT RANJAN GOGOI
- Bench
- PRAFULLA C. PANT RANJAN GOGOI
Judgment text excerpt
The Supreme Court addressed the issue of the authority of an official liquidator under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, in the context of a winding-up petition against Prasad Mills Ltd. The Court held that the official liquidator is not authorized to transfer or alienate leased property without adhering to the provisions of the Bombay Rent Act, particularly when the lease was still in effect and the company had defaulted on rent payments. The appeals were allowed, and the order of the High Court was set aside, reinstating the rights of the heirs of Durgaprasad Lashkari regarding the leased property.