Supreme Court of India

Erach Boman Khavar v. Tukaram Shridhar Bhat and Another

Neutral citation

Reported as [2013] 17 S.C.R. 1055

Bench Anil R. Dave J.

Decided 12 December 2013

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that as the A question whether S. 15 of the Act bars the present eviction petition, was decided against the appellants by the appellate authority ·at the earlier stage of the suit and it was allowed to become final, it is not open to the appellants to reagitate the same at the subsequent stage B of the suit.

Judgment, page 25

From the headnote

COMPANIES ACT, 1956: s.446 - Application by landlord for leave to file eviction c suit against company in liquidation - Held: Grant of leave of the court u/s 446 is not a condition precedent for initiation of a civil action or the legal proceedings - Leave of the winding up court can be obtained even after initiation of the proceeding - Court may grant leave if it felt that the company· should not enter into unnecessary litigation and incur avoidable expenditure - In the case at hand, offiCial liquidator had clearly stated that the suit property was not the property of the company and,

Authorities it was built on

1960 Satyadhyan Ghosal and Others v. Sm. Deorajin Debi and Another. cited by 17
1987 State of Uttar Pradesh v. Brahma Datt Sharma and Anr. cited by 6
1998 Ammonia Supplies Corporation (p) Ltd. v. Modern Plastic Containers Pvt. Ltd. and Ors. cited by 5
1976 Y. B. Patil and Ors. v. Y. L. Patil cited by 3
2007 Saroja v. Chinnusamy (dead) by Lrs. and Anr. cited by 2
2001 Kewal Chand Mimani (d) by Lrs v. S.K. Sen and Ors. cited by 1
1970 Bansidhar Shankarlal v. Mohd. Ibrahim & Anr. cited by 1
2002 C.V. Rajendran and Anr. v. N.M. Muhammed Kunhi cited by 1

Where later benches applied it

2021 Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited & Anr. relied on

Of those, 1 relied on

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