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Supreme Court of India 2019-10-17 allowed

Hooghly Mills Company Ltd vs State of West Bengal and Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Hooghly Mills Company Ltd challenged a High Court order that had set aside a Magistrate's interlocutory relief granting possession of disputed property to the company under Section 630(2) of the Companies Act, 1956. The Supreme Court upheld the Magistrate's order, holding that Section 630 must be interpreted liberally to facilitate expeditious recovery of company property. An interlocutory relief based on prima facie findings does not conclusively decide the case and does not warrant intervention by the High Court under its inherent powers unless there is exceptional illegality. The absence of documentary evidence supporting an oral agreement claim did not negate the company's prima facie possession rights.

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Criminal Procedure Companies Law Interlocutory Relief Recovery of Property

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