Supreme Court · 2012 INSC 335 · Decided 16 August 2012
Raju Jhurani v. M/S Germinda PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 335 · [2012] 7 S.C.R. 279
- Case number
- CIVIL APPEAL No. 5886/2012
- Decided
- 16 August 2012
- Bench
- ALTAMAS KABIR, JASTI CHELAMESWAR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Companies Act Section 433, 434, 439
Headnote
COMPANIES ACT, 1956: A B ss. 433, 434 and 439 - Petition for winding-up of the c tenant company filed by land-lord for non-payment of arrears of rent due - Rejected by High Court as barred by provisions of 0.2, r.2 CPC - Held: Order 2, CPC deals with the frame of suits, and the various rules the relief of a civil nature - On the other 0 hand, proceeding ulss 433, 434 and 439 of the Companies Act, 1956, is not a suit, but a petition which does not attract the provisions of 0. 2, r.2 CPC - Therefore, the findings of the Single Judge, as also the Division Bench of the High Court,
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)