Supreme Court of India

M/s. Ngef Ltd. v. M/s. Chandra Developers Pvt. Ltd. and Anr.

Neutral citation
Reported as [2005] SUPP. 3 S.C.R. 747
Bench S.B. Sinha J.
Decided 29 September 2005

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the impugned B judgment of the High Court cannot be sustained.

Judgment, page 30

From the headnote

Sick Industrial Companies (Special Provisions) Act, 1985 (SICA)­ Section 20(4)-Companies Act, 1956-Sections 443, 446, 447, 529- , 536- Recommendation by Board of industrial and Financial Reconstruction (BIFR) to High Court to wind up a sick industrial company. Observation of BIFR that direction of sale of its assets should also be sought from High Court-legality of-Held: BJFR and High Court do not · have concurrent jurisdiction to sell the assets-BIFR alone controlled the assets and had power to dispose them till winding up order was passed by High Court, and for this purpose leave of latter

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