Supreme Court · 2005 INSC 459 · Decided 29 September 2005

M/S. Ngef LTD. v. M/S. Chandra Developers PVT. LTD. and ANR.

Court
Supreme Court of India
Citation
2005 INSC 459 · [2005] SUPP. 3 S.C.R. 747
Case number
CIVIL APPEAL No. 5199/2004
Decided
29 September 2005
Bench
S.B. SINHA, C.K. THAKKER (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Companies Act Section 443, 446, 447, 529, 433

Headnote

B Sick Industrial Companies (Special Provisions) Act, 1985 (SICA)­ Section 20(4)-Companies Act, 1956-Sections 443, 446, 447, 529-A, 536- Recommendation by Board of industrial and Financial Reconstruction (BIFR) C to High Court to wind up a sick industrial company. Observation of BIFR that BJFR and High Court do not · have concurrent jurisdiction to sell the assets-BIFR alone controlled the assets and had power to dispose them till winding up order was passed by D High Court, and for this purpose leave of latter was not required-BIFR being a statutory authority, in absence

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