Supreme Court · 2006 INSC 678 · Decided 29 September 2006
Kerala State Financial Enterprises LTD. v. Official Liquidator, High Court of Kerala
- Court
- Supreme Court of India
- Citation
- 2006 INSC 678 · [2006] SUPP. 6 S.C.R. 855
- Case number
- CIVIL APPEAL No. 4333/2006
- Decided
- 29 September 2006
- Bench
- S.B. SINHA, DALVEER BHANDARI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Companies Act Section 537(2), 125, 537, 446
Headnote
Companies Act, 1956-Section 537(2)-Company took loan from Appellant which it failed to repay-Properties ,of company attached pursuant A B to recovery proceedings initiated by Appellant under the Kera/a Revenue C Recovery Act-Company went for voluntary liquidation-Claim by Appellant, a Government in terms of S.537(2)-Maintainability of-Held, not maintainable-S.537(2) had no application inasmuch as recovery proceedings initiated by Appellant cannot be said to be a proceeding for recovery of any tax or impost or any dues payable 10 the Government-Kera/a Revenue Recovery Act, 1968. D
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