The High Court allowed the Company Application filed by an assignee of a secured creditor. The Court granted leave to institute a suit against the respondent company in liquidation under Section 446 of the Companies Act, 1956.
leave to institute a suit against the company in liquidation was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
51.cal.92.2015.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION (L) NO.92 OF 2015 IN
COMPANY PETITION NO. 95 OF 1999
Sahjun Impex Trading Pvt. Ltd. ...Applicant. In the matter between Devi Construction Co. Pvt. Ltd. ...Petitioner.
vs
Patheja Forgings & Autoparts Manufacturers Ltd. ...Respondent.
Mr T.D.Deshmukh for the Applicant.
Ms Yogini Chauhan, Asstt. OL present.
CORAM : S.C. GUPTE, J.
OCTOBER 08, 2015
P.C. :
The company application seeks leave under Section 446 of the Companies Act, 1956 for institution of a suit against the company in liquidation. The applicant is an assignee of a secured creditor and seeks to avail of his remedy outside winding up. Company Application is allowed in terms of prayer clause (a).
( S.C.GUPTE J. )
Pg 1 of 2
51.cal.92.2015.doc
CERTIFICATE
Certified to be true and correct copy of the original signed Judgment/ Order.
Pg 2 of 2
1 issue framed by the court
Whether an application under Section 446 of the Companies Act, 1956 claiming leave to institute a suit against a company in liquidation is maintainable.
1 provisions across 1 enactments
Sahjun Impex Trading Pvt. Ltd.
Devi Construction Co. Pvt. Ltd.
Patheja Forgings & Autoparts Manufacturers Ltd.
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
