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Supreme Court of India 2018-05-17 disposed

Writers and Publisher Pvt. Ltd vs A.K. Mishra, Official Liquidator the Cooperative Stores Ltd. Super Bazar

Bench: 3 — D.Y. Chandrachud

In Brief

The Supreme Court monitored the revival and eventual exit of Super Bazar cooperative, which WPL had undertaken to revive following a competitive bid process. After revival proved impossible, the Court ordered WPL's full exit with refund of its entire investment at 6% interest per annum, subject only to deduction of profits WPL earned. The CAG audit report disallowed interest on share capital and adjusted losses against the refund. The Court held that 'entire investment' includes share capital, working capital, and revival funds—all entitled to interest. Only profits, not losses, should be deducted. The CAG report was found to require correction; contempt proceedings against the Official Liquidator were dismissed as he complied faithfully with Court directions."

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Cooperative Societies Insolvency and Liquidation Contempt of Court Contract Interpretation Administrative Law

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