Supreme Court of India

Government of Orissa v. M/s. Ashok Transport Agency and Ors.

Neutral citation
Reported as [2004] SUPP. 5 S.C.R. 1081
Bench R.C. Lahoti, G.P. Ma Thur and P.K. Balasubramany An JJ.
Decided 5 November 2004

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.

What the Court ordered

We are of the view that it was necessary for the plaintiff to have brought on record the E Corporation and the State Government before proceeding with its suit and the search for a decree in its favour.

Judgment, page 8

From the headnote

Code of Civil Procedure, 1908; O. lX R. 9; O.XX/l R. l O; Ss.115 and 146/ Companies Act, 1956; Section 396: c Recovery Suit against a Government company filed by a claimant/ creditor-Dismissed by trial Court-Application for restoration of the suit­ lssuance of Amalgamation order by the Central Government merging the company with State-Corporation, allowing creditors to enforce their claims against the company-Suit restored and decreed ex-parte--Decree not satisfied by the judgment debtors- .xecuting Court held the decree executable as against the Corporation and the State Government-Challenge

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