Supreme Court of India

Al Champdany Industries Limited v. The Official Liquidator & Anr.

Neutral citation
Reported as [2009] 2 S.C.R. 705
Bench S.B. Sinha and Asok Kumar Ganguly JJ.
Decided 19 February 2009

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.

From the headnote

Companies Act, 1956 - ss. 529, 529A and 530 - Sale of assets of company in liquidation - Claim of arrears of property . tax by Municipality from purchaser for period prior to date of purchase - High Court holding that tax payable to Municipality was encumbrance and it could not avoid payment for not making enquiry - Held: Not sustainable - Municipality was unsecured creditor and not preferential creditor - Dues in relation to municipal tax does not create any encumbrance or charge on property - It is considered to be a personal liability - Fact that company went in liquidation was given due

Where later benches applied it

Of those, 1 relied on · 1 referred to

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