Companies (Court) Rules, 1959

Forech India Ltd. filed a winding‑up petition in the Delhi High Court in 2014 against a company, serving notice under Rule 26 of the Companies (Court) Rules. Later, a financial creditor (Respondent No.1) filed an insolvency petition under Section 7 of the Insolvency & Bankruptcy Code (IBC) before the NCLT, which was ad…

M/s Kaledonia Jute and Fibres Pvt. Ltd. (appellant) sought to recover a debt from M/s Axis Nirman and Industries Ltd. (first respondent) and filed a petition under Section 7 of the IBC before the NCLT. Simultaneously, a winding‑up petition against the first respondent was pending before the Allahabad High Court, which …

The Supreme Court examined two Special Leave Petitions filed by IDBI Bank Ltd. challenging a High Court order that dismissed its application to execute a sale deed of KOFL's sole immovable property and revived winding‑up proceedings against KOFL. The Court held that the winding‑up petition must be revived because the m…

The Supreme Court examined whether an Official Liquidator, appointed to wind up Premier Cable Company Ltd., qualifies as a "dealer" under the Kerala General Sales Tax Act, 1963 and consequently bears sales tax liability on the auction sale of the company's assets. The Court held that the liquidator, by stepping into th…

The appellant, a landlord, sought to evict a tenant occupying a flat owned by his father under a licence agreement with a company that later went into winding up. While the eviction suit was pending, the appellant applied under section 446 of the Companies Act, 1956 for the court's permission to continue the suit again…

Suzuki Parasrampuria Suitings Pvt. Ltd. (the appellant) was assigned the debt of Mahendra Petrochemicals Ltd. (MPL) by IFCI for a nominal sum and sought substitution as a secured creditor under the SARFAESI Act. The Company Judge rejected the application, holding that the appellant was not a bank, financial institution…

The Official Liquidator (OL) of IISCO Ujjain Pipe and Foundry Co. Ltd., wound up under the Companies Act, sold the company's assets on an "as is where is whatever there is" basis. Ujjain Nagar Palika Nigam (respondent No.1) claimed arrears of property tax and water tax for the period from the winding‑up order (10 July …