Supreme Court · 1998 INSC 223 · Decided 8 May 1998
Indian Bank v. The Official Liquidator, Chemmeens Exports (P) LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 223 · [1998] 3 S.C.R. 255
- Case number
- CIVIL APPEAL No. 4393/1986
- Decided
- 8 May 1998
- Bench
- B.N. KIRPAL, S.S.M. QUADRI (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 125, 446
Headnote
Companies Act, 1956 : A B Sections 125 and 446--Charge created on the company's asset by way C of mortgage-Non registration of such charge-Effect of-Loan advanced by bank secured by equitable mortgage by deposit of title deeds uf the debtor company with the bank-Winding up proceedings initiated by the Company Court-Bank moving on application to the Company Court for leave to file a suit against the D debtor company under liquidation and the same was allowed-Preliminary decree passed-No appeal preferred by the Official Liquidator against the decree -After the expiry of limitation to file
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