Supreme Court of India

Sudarsan Chits (i) Ltd. v. O. Sukumaran Pillai & Ors.

Neutral citation
Reported as [1985] 1 S.C.R. 511
Bench D.A. Desai J.
Decided 16 August 1984
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the High Court was in error in rejecting the appli­ cation made on behalf of the appellant-Company for directing the provisional Liquidator to prefer claims petitions on the materials and expenses to be furnished by the Company.

Judgment, page 12

From the headnote

The Companies Act, 1956 (I of 1956), Section 446 (2) (b)-Scop• of. Words and phrases-Meaning of "Court which is winding up the company" -Section 446 (Z)-Companies Act, 1956. The appellant, a limited company governed by the Companies Act, 1956 (for short, the Act) challenged before a Division Bench of the High Court the order or the Company Judge, winding up the appe1lant .. company and appointing Official Liquidator, on three petitions moved by the crediiors under s. 439 of the Act on tbJ ground that the appellant-company was un­ able to pay its debts. The appellate Bench of the High Court

Where later benches applied it

Of those, 1 relied on · 1 distinguished

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