Supreme Court · 2019 INSC 108 · Decided 29 January 2019
Swaraj Infrastructure PVT. LTD. v. Kotak Mahindra Bank LTD.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 108 · [2019] 1 S.C.R. 682
- Case number
- CIVIL APPEAL No. 1291/2019
- Decided
- 29 January 2019
- Bench
- R.F. NARIMAN, NAVIN SINHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 439, 434(1)(a), 441(2), 529(1)(c), 529, 441
Headnote
Companies Act, 1956: ss. 439, 434(1)(a) and (1)(b), 441(2) and 529 - Winding up petition - By the secured creditor/respondent-Bank, after obtaining decree from Debts Recovery Tribunal and a recovery certificate based thereon - Maintainability of the petition - companies inter alia that the petition was barred by provisions in s.17 r/w. s.18 of Recovery of Debts Act; that the creditor must either relinquish its security and stand in line in winding up proceeding or realize its security outside the winding up proceeding; and that in the present case
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