Supreme Court · 2008 INSC 925 · Decided 12 August 2008

Valji Khimji and Company v. Official Liquidator of Hindustan Nitro Product (Gujarat) LTD. and Ors

Court
Supreme Court of India
Citation
2008 INSC 925 · [2008] 12 S.C.R. 1
Case number
CIVIL APPEAL No. 4992/2008
Decided
12 August 2008
Bench
ALTAMAS KABIR, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

A B Company Jaw: Auction sale of assets of liquidated com­ pany - After advertisement in well known newspapers having c wide circulation - Highest bid accepted and sale confirmed :..... Subsequent fresh offer by two companies at higher price - Recalling of order by High Court - Correctness of - Held: Not correct as there was nothing to show that there was fraud or collusion in auction - sale - Once D sale is confirmed, certain rights accrued in favour of auction - purchaser which could not be extinguished except in excep­ tional case such as fraud.

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