Supreme Court · 2004 INSC 645 · Decided 5 November 2004
Government of Orissa v. M/S. Ashok Transport Agency and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 645 · [2004] SUPP. 5 S.C.R. 1081
- Case number
- CIVIL APPEAL No. 3209/2002
- Decided
- 5 November 2004
- Bench
- R.C. LAHOTI, G.P. MATHUR, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 2d(J), 213(1); Companies Act Section 396
Headnote
Code of Civil Procedure, 1908; O. lX R. 9; O.XX/l R. l O; Ss.115 and 146/ Companies Act, 1956; Section 396: A B c Recovery Suit against a Government company filed by a claimant/ creditor-Dismissed by trial Court-Application for restoration of the suit­ lssuance of Amalgamation order by the allowing creditors to enforce their claims against the company-Suit restored and decreed ex-parte--Decree not satisfied D by the judgment debtors-E.xecuting Court held the decree executable as against the Corporation and the State Government-Challenge to-Dismissed by High
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