Supreme Court · 1968 INSC 311 · Decided 22 November 1968

J. K. (Bombay) (P) LTD. v. New Kaiser-I-Hind SPG. & WVG. CO. LTD. & ORS. ETC.

Court
Supreme Court of India
Citation
1968 INSC 311 · [1969] 2 S.C.R. 866
Case number
CIVIL APPEAL No. 1399/1968
Decided
22 November 1968
Bench
J.M. SHELAT, VISHISHTHA BHARGAVA, C.A. VAIDYIALINGAM (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution; Companies Act

Headnote

Companies Act I of 1956 Ss. 391, 392 & 433-Scheme under s. 391- Scope and nature of-Effect on right of creditors and other parties-On scheme becoming unenforcetible if parties bound to operate it or Company to be wound up-Obligations undertaken by management to 'provide' finance for working coin· 1nercial sense, i.e., with prospect of making profits. Mortgage-Agreed to be executed under scheme in favour of un­ secured creditors-Not executed at date of winding up-If amounted to charge in presenti in favour of the creditors. On a winding-up petition being filed in respect of

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