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Supreme Court of India 2017-11-17 remanded

State of Madhya Pradesh vs Official Liquidator M/s Hukumchand Mills Ltd. (In Liquidation) & Ors

Bench: 2 — Kurian

In Brief

The State of Madhya Pradesh sought liberty to file a suit in proceedings involving the liquidation of Hukumchand Mills Ltd., which had leased land from a Municipal Corporation. The State claimed ownership of the underlying land and therefore a stake in the matter. A High Court had rejected the State's application under Section 446 of the Companies Act, 1956, reasoning that the State had no role in what was merely a lease dispute between the Corporation and the company. The Supreme Court set aside this order and remitted the matter to the Company Judge for fresh decision on the merits, without expressing any opinion, directing expedited consideration and ensuring all stakeholders' contentions be addressed.

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Corporate Law Insolvency and Liquidation Property Rights Civil Procedure

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