Supreme Court · 1993 INSC 319 · Decided 6 October 1993

United Bank of India v. The Official Liquidator and ORS.

Court
Supreme Court of India
Citation
1993 INSC 319 · [1993] SUPP. 3 S.C.R. 1
Case number
CIVIL APPEAL No. 405/1986
Decided
6 October 1993
Bench
KULDIP SINGH, S.P. BHARUCHA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Companies Act Section 535

Headnote

B " Cdmpanies Act, 1956, Section 535-lntent and meaning of-To protect the creditors of the company in liquidation-Onerous covenants imposing heavy burden upon company-Court to satisfy itself about the existence of c such covenants before granting leave to disclaim them-Purchaser claiming liquidator sells property under orders of court-He does not hold out any guarantee or warranty in respect of such property The appellant-Bank filed a suit against a company in liqudation for D a decree in the sum of Rs. 1,81,07,623.64 owed to it by the company with interest. Upon the

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