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october 2019

Supreme Court of India · 2019-10-21

Stressed Assets Stabilization Fund vs West Bengal Small Ind. Development ...

Citation / case number
AIRONLINE 2019 SC 2423
Court
Supreme Court of India
Petitioner
Stressed Assets Stabilization Fund
Respondent
West Bengal Small Ind. Development ...
Author
S. Ravindra Bhat
Bench
S. Ravindra Bhat, Vineet Saran, Arun Mishra

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's decision affirming the application under Section 535 of the Companies Act, 1956, allowing the West Bengal State Industrial Development Corporation (WBSIDC) to reclaim possession of leased properties from the Official Liquidator. The Court established that a lessor is entitled to possession when the lessee ceases to carry out the intended manufacturing activities, as per the lease conditions. The judgment reinforced the legal principle that lease agreements can be terminated based on non-compliance with operational stipulations.

Stressed Assets Stabilization Fund vs West Bengal Small Ind. Development ... · Niyam