Supreme Court · 2009 INSC 220 · Decided 19 February 2009
Al Champdany Industries Limited v. The Official Liquidator & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 220 · [2009] 2 S.C.R. 705
- Case number
- CIVIL APPEAL No. 1118/2009
- Decided
- 19 February 2009
- Bench
- S.B. SINHA, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 55(1)(g); Companies Act Section 529, 529A, 530, 457
Headnote
A B 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 C was encumbrance and it could 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 D - Fact that company went in liquidation was
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