Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Application by Landlord Company in Liquidation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Companies Act, 1956 (1 of 1956) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | COMPANIES ACT, 1956:s.446 - Application by landlord for leave to file eviction c suit against company in liquidation - Held: Grant of leave of the court u/s 446 is not a condition precedent for initiation of a civil action or the legal proceedings - Leave of the winding up court can be obtained even after initiation of the proceeding - Court may grant leave if it felt that the company should not enter into unnecessary litigation and incur avoidable expenditure - In the case at hand, official liquidator had clearly stated that the suit property was not the property of the company and, therefore, company should not enter into that kind of litigation - Company Judge,granting all protection to official liquidator, has rightly allowed the application for seeking leave - Maharashtra Rent Control Act, 199.9 - Costs.Res judicata - Company in liquidation - Application by landlord u/s 446 of Companies Act - Permission granted to file amendment in suit - Liberty granted to file application, if necessary - Subsequent application for leave to file eviction suit under Maharashtra Rent Control Act - Allowed by Company Judge - Division Bench setting aside the order on the ground of res judicata - Held: Fa attract the doctrine of res judicata it must be manifest that there has been conscious adjudication of an issue - A plea of res judicata cannot be taken aid of unless there is an expression of an opinion on the merits - Company Judge had not dealt with the earlier application for grant of leave on merits and it was disposedof on the basis of a submission made by third respondent that if an application for amendment is filed in the pending suit, he would not oppose the same - Division Bench, has erroneously opined that Company Judge in the main part of the order having rejected the application could not have granted liberty to apply for filing of another application - It could not have been treated to have operated as res judicata - Therefore, Division Bench has fallen into serious error in· dislodging the order granting leave by Company Judge to file a fresh suit - Order passed by Division Bench is set aside and that of Company Judge restored - Companies Act, 1956 · - s.446 - Maharashtra Rent Control Act, 1999. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 827 |
Petitioner | Erach Boman Khavar |
Respondent | Tukaram Shridhar Bhat And Another |
SCR | [2013] 17 S.C.R. 1055 |
Judgement Date | 2013-12-12 |
Case Number | 11005 |
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