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...Mushrooms Ltd., and that order of winding up was affirmed in O.S.A No. 9/1986.7. In Sudarshan Chits (I) Ltd. v. Sukumaran Pillai...argument has given rise to some anxiety in my mind.15. The law laid down by the Supreme Court has to be ascertained from the Judgment in Sudarshan Chits (I) Ltd. case. The Supreme Court...laid down the proposition per incuriam in Sudarshan Chits (I) Ltd. that the High Court has power to recall its order of winding up. This is also made clear by the Supreme Court in S.L.A (Civil) No. 2583...
...Sudarshan Chits (I) Ltd. v. G. Sukumaran Pillai [A.I.R. 1984 S.C. 1579 = 1984 (4) SCC 657...K. John Mathew:
1. These are petitions filed by Sudarsan Chits (India) Ltd. which was ordered to be wound up under the provisions of the Companies Act by order dated...(Court) Rules].
10. The historical evolution of Section 446, if I may say so with great respect, was succinctly traced in...
...dismissal of the petition. It was in that context that reliance was placed in Sudarshan Chits (I) Ltd. v. O. Sukumaran Pillai [(1984) 4 SCC...maintainable and in that context relied in Omprakash J. Mehra v. Official Liquidator of Surlex Diagnostic Ltd. [Company Application No. 218 of...the creditor EDC Ltd. submitted that all their dues were settled and therefore they had no objection for the recall of the winding up order and for the withdrawal of the petition. Shri S.N. Joshi...
...Chits (I) Ltd. v. Sukumaran Pillai) and a decision of the Karnataka High Court reported in 70 Com. Cas. 440 (K.S.P.V Shanmugam v. M.S....”18. The Supreme Court in Sudharsan Chits (I) Ltd.'s case AIR 1984 S.C 1579 (supra), inter alia, observed that if a...referred to a Supreme Court decision reported in AIR 1984 S.C 1579 (Sudarshan...
...specifically considered by the Supreme Court in Sudarshan Chits (I) Ltd. v. G. Sukumaran Pillai...winding up proceeding was commenced, and not otherwise.8. As noticed by the Supreme Court in Sudarshan Chits (I) Ltd., the Indian Companies Act did not contain...company. This also results in accelerating the winding up proceedings. It is also one of the objects as pointed out by the Supreme Court in Sudarshan Chits (I) Ltd. as adverted to by us earlier in...
...judgment in the case of Sudarshan Chits (I.) Ltd. v. G. Sukumaran Pillai, (1985) 58 Com. Cases 633 considered the historical...Madras High Court in the case of Purushottam and Co. v. Subhodhaya Publications Ltd., (1955) 25 Com. Cases 49 it has held that when there are defendants in a suit other...
...this context may be made to Sudarshan Chits (I) Ltd.
v. O. Sukumaran Pillai; (1984) 4 SCC 657 where the...OnLine Cal 2690 as well as by a Division Bench of the Bombay High Court in Rosmerta Technologies Ltd. v. State Of Goa; 2014...15.12.2022. In Prestige Lights Ltd. v. State Bank Of India .; (2007) 8 SCC 449, the Supreme Court referred to the celebrated case of...
...stand discharged, as sought to be contended by the appellant.18. We also find that the reliance placed on the case of Sudarshan Chits (I) Ltd (supra) is also wholly misplaced. In the facts...(Sudarsan Chits (I) Ltd v. O. Sukumaran Pillai reported in AIR 1984 SC 1579.11. The learned counsel for the appellant also submitted that...support of the above contention:-(I) Crey Steel Casting and Finishing Co. P. Ltd v. Adverts (Pvt) Ltd reported in (1969) II Comp. L.J, 214...
...subsisting but inoperative for the time being. (Sudarshan Chits (I) Ltd. v. O. Sukumaran Pillai, (1984) 4 SCC 657). This fact would also be...
RAJ KUMAR AND CO PVT. LTD. (IN LIQN.)
VS
THE OFFICIAL LIQUIDATOR
For the applicant : Mr...: 28.07.2023
Ravi Krishan Kapur, J.:
1. This is an application filed by Ganges Rolling Industries Pvt. Ltd., seeking the following reliefs...
...while declining to give purposive interpretation as was given in favour of the jurisdiction and powers of the Company Court and as was held in Sudarshan Chits (I) Ltd. (4) have held that the said...filed Original Application No. 431/2000 and prayed for the following reliefs:—(i) Issue a Certificate for recovery of the aggregate amount of Rs. 25,86,92,370.68 (Rupees Twenty Five...the Bank for recovery of Rs. 25,86,92,370/- from the petitioner Modern Syntax (India) Ltd. and from the guarantors. A counter affidavit was filed by one Shri H.S Ranka wherein an objection has been...
...on the Judgement of the Apex Court in 'Sudarshan Chits (I.) Ltd.' Vs. 'Sukumaran Pillai'4, in which it is observed that sub...February, 2020 passed by the Learned Adjudicating Authority (National Company Law Tribunal, Division Bench - I, Chennai), in MA/114/2019 in MA/453/2018 in TCP/95/2017...-
Division Bench - I), in MA/114/2019 in MA/453/2018 in TCP/95/2017, by which Order, the Learned Adjudicating Authority has allowed the Application preferred by the...
...Sudarshan Chits (I.) Ltd. v. G. Sukumaran Pillai (1) (1984) 4 SCC...Great Indian Motor works Ltd. v. Their Employees, AIR 1959 SC 1186. That is a case illustrative of this view. The Tribunal proceeded to decide the dispute because the court had ...company in liquidation is in a position to say ‘the mortgaged property is to the extent of the mortgage my property’. It is immaterial to me whether my mortgage is in winding up or not. I remain outside...
...the said sub-section, the Supreme Court observed in Sudarshan Chits (I) Ltd. v. G. Sukumaran Pillai...: (AIR 1978 Delhi 158) (Full Bench) and Ulahannan v. Wandoor Jupiter Chits (P) Ltd., (...& Har),(6) K.P Ulahannan v. Wandcor Jupiter Chits (P) Ltd., AIR...
...Sudarshan Chits (I) Ltd. v. G. Sukumaran Pillai (supra), the Hon'ble Apex Court held that the winding up order once made can be revoked or recalled b...Goodluck Agencies* reported in ILR 1988 KAR 3147, wherein this Court referring to two previous Supreme Court decisions, in the case of Sudarshan Chits v. Sukumara Pillai...this context it is appropriate to take note of the observations made by the apex court in the decision in the case between Sudarsan Chits (I.) Ltd. v. Sukumaran Pillai...
...proceedings.
12. The Hon'ble Apex Court in case of Sudarshan Chits (I) Ltd. v. O. Sukumaran...Bank Ltd. (In Liquidation).
With C.A.O.NO.1610/2015
In the matter of Laxmi Bank Ltd. (In Liquidation).
With C.A.L.NO.1.../1992
In the matter of Laxmi Bank Ltd. (In Liquidation).
With C.A.L.NO.1/2003
Ghanshyamdas Gopaldasji Mohta and others...
...) Sudarshan Chits (I) Ltd. v. O. Sukumaran Pillai, (1984) 4 SCC 657...total value of the assets of the Company as on 1st of Oct. 1995 was in a sum of Rs. 6,24,50,000/-.3. I have elaborately heard Sri Ashok B. Hinchigeri, learned Counsel for the applicant, Sri...) Kayjay Industries (P) Ltd. v. Asnew Drums (P) Ltd., (1974) 2 SCC 213...
.... Sudarshan Chits (I) Ltd. v. Sukumaran Pillai (17) (1984) 4 SCC 65716. I.F.C.(I) Ltd. v. Vishnu Ka...properties of the company pending disposal of main petition for winding up.(i) In Sudarsan Chits(I)Ltd. (17 supra) relied upon by review petitioners, it was held in paras 7-17, referring to...appeal till scheme envisaged to implement, default in implementation automatically revives the winding up order to proceed further.(i.b) There is nothing from Sudarsan Chits (17 supra...
...Sudarshan Chits (I) Ltd. v. O. Sukumaran Pillai, (1984) 4 SCC 657 (at paragraph 8) and in ...(I) Ltd. v. State of Maharashtra, 2016 SCC OnLine Bom 2611 : (2016) 4 Mah LJ 249, is also misplaced, for the reason...Rohinton Fali Nariman, J.:— Steel products were supplied by the respondent to one M/s. Diamond Engineering Pvt. Ltd. [“the company”] from 21.09.2015 to 11.11.2016, as a...
.... Sudarshan Chits (I) Ltd. Vs. Sukumaran Pillai (1984)4 SCC 657).
I.F.C.(I) Ltd. Vs. Vishnu Kant Gupta....
(i). In Sudarsan Chits(I)Ltd. (supra) relied upon by review petitioners, it was held in paras 7-17, referring to Section 446 of the Act, that Section 446(1) envisages two situations in which co...revives the winding up order to proceed further.
(i.b). There is nothing from Sudarsan Chits (supra) in favour of the appellants or any of the review petitioners to say the provisional...
...:-
1. Sudarshan Chits (I) Ltd. Vs. O. Sukumaran Pillai &Ors.; (1984) 4 SCC 657...the period 1969 to 1996 by Ideal Jawa (I) Ltd; being one among the many and even after 1996 in respect of other products. The reputation and goodwill attached continues till date even though the...not be said to have retained any goodwill after several years. Consequently, I find that the judgment of the Bombay High Court in R.R. Oomerbhoy Pvt. Ltd. Mumbai v. Court Receiver, High Court...