Supreme Court · 2008 INSC 572 · Decided 2 May 2008

M.V. Janardhan Reddy v. Vijaya Bank & ANR.

Court
Supreme Court of India
Citation
2008 INSC 572 · [2008] 7 S.C.R. 520
Case number
CIVIL APPEAL No. 3201/2008
Decided
2 May 2008
Bench
C.K. THAKKER, D.K. JAIN (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Constitution; Companies Act

Headnote

Companies Act, 1956 - Company in liquidation - Sale of properties by way of auction - Grant of permission, subject c to confirmation by company court - Auction sale - Confirmation of, by Recovery Officer- Held: Not correct - Order • passed by officer having no authority of law has no effect - for whom such order is made nor imposes any obligation on the opposite D party against whom it was passed - Parties were aware about the condition that sale was subject to confirmation by court - Thus, Recovery Officer could not confirm the sale - He did ... j •• not have power -

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