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Supreme Court of India · 2017-11-17

STATE OF MADHYA PRADESH vs OFFICIAL LIQUIDATOR M/S HUKUMCHAND MILLS LTD. (IN LIQUIDATION)

Citation / case number
SC 2016/36848
Court
Supreme Court of India
Petitioner
STATE OF MADHYA PRADESH
Respondent
OFFICIAL LIQUIDATOR M/S HUKUMCHAND MILLS LTD. (IN LIQUIDATION)
Author
HON'BLE MR. JUSTICE KURIAN JOSEPH
Bench
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE KURIAN JOSEPH

Judgment text excerpt

The Supreme Court addressed the State of Madhya Pradesh's grievance regarding the rejection of its application under Section 446 of the Companies Act, 1956, to file a suit related to a lease between the Municipal Corporation and a company in liquidation. The Court held that the State, as the landowner, has a legitimate stake in the matter, and thus remitted the case to the learned Company Judge for fresh consideration without being influenced by prior observations. The Court emphasized that all contentions remain open for the parties to raise before the Company Judge.

STATE OF MADHYA PRADESH vs OFFICIAL LIQUIDATOR M/S HUKUMCHAND MILLS LTD. (IN LIQUIDATION) · Niyam