Supreme Court · 2006 INSC 200 · Decided 4 April 2006

Harihar Nath and ORS. v. State Bank of India and ORS.

Court
Supreme Court of India
Citation
2006 INSC 200 · [2006] 3 S.C.R. 769
Case number
CIVIL APPEAL No. 5072/1998
Decided
4 April 2006
Bench
ARUN KUMAR, R.V. RAVEENDRAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Companies Act Section 446; Limitation Act Section 446, 137, 5

Headnote

B Companies Act, I 956; Section 446-Limitation Act, I 963; Article I 37- Loan taken by Company from a Bank by mortgaging its assets with personal guarantee of its Directors-Mortgage suit filed by the Bank before trial court against the Company and its directors-Meanwhile, an order of winding up C Company-Bank filed an application before Company Court seeking leave to proceed with the Mortgage suit pending before trial court-Objections raised to the application on the ground that it was time barred under the Limitation Act-Company Court allowed the application of the Bank after D condoning

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