Supreme Court · 2006 INSC 416 · Decided 11 July 2006
M/S Associated Journals v. The Mysore Paper Mills LTD.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 416 · [2006] SUPP. 3 S.C.R. 439
- Case number
- CIVIL APPEAL No. 183/2000
- Decided
- 11 July 2006
- Bench
- AR. LAKSHMANAN, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
B Company Law: Companies (Court) Rules, 1959-Rules 21 and 18-Form No.3- Affidavit verifying the Winding-up petition-Not as per Rule 2 I-Held: Defect C is curable by filing fresh affidavit. The affidavit filed by Respondent verifying the Winding-Up petition was not in accordance with Rule 21 of the to correct the defect by filing a fresh D affidavit. High Court upheld the judgment of Company Judge. Hence the present appeal. Dismissing the appeal, the Court HELD: I.I. Rules are undoubtedly statutory and the forms are to be E adopted wherever they are applicable. But the Rules of
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)