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Kanchan Devi v/s Shree Vishnu R.F.& Oil Mills (P) Ltd.& Others


Company & Directors' Information:- KANCHAN INDIA LIMITED [Active] CIN = U17123RJ1996PLC012173

Company & Directors' Information:- N K OIL MILLS PVT LTD [Active] CIN = U15201GJ1994PTC022669

Company & Directors' Information:- B P OIL MILLS LIMITED [Active] CIN = U15142UP1965PLC003232

Company & Directors' Information:- K P L OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1983PTC003685

Company & Directors' Information:- N K B OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1999PTC013095

Company & Directors' Information:- K K K OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142KL2000PTC013621

Company & Directors' Information:- S N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142HR1986PTC025702

Company & Directors' Information:- G. B. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15326HR1985PTC019817

Company & Directors' Information:- R. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141DL1992PTC047883

Company & Directors' Information:- J K OIL MILLS COMPANY LIMITED [Strike Off] CIN = U15143UP1955PLC002570

Company & Directors' Information:- N N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15147MH1999PTC117989

Company & Directors' Information:- J & T OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141KL2006PTC019754

Company & Directors' Information:- A AND R OIL MILLS PVT LTD [Strike Off] CIN = U15315CH1994PTC014265

Company & Directors' Information:- SHREE OIL MILLS LIMITED [Strike Off] CIN = U99999MH1984PLC033378

    CIVIL APPEAL NO.5043 OF 2008 [Arising out of SLP(C)No.2909 of 2006]

    Decided On, 13 August 2008

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE ALTAMAS KABIR & THE HONOURABLE MR. JUSTICE MARKANDEY KATJU

    For the Appellant : ----- For the Respondents: -----



Judgment Text

Leave granted.


This appeal is directed against the order passed by the High Court in Company Appeal No.5 of 2005, whereby the order passed by the learned Company Judge rejecting the appellant's appeal for release of the two shop rooms in question, has been upheld.


On behalf of the appellant, it is submitted that the two shop rooms in question did not form part of the assets of the company in liquidation, and that in any event, the same had been purchased by the appellant from the erstwhile landlord before the final winding up order came to be passed on 2nd May, 2003. We may indicate that the said two shop rooms were said to have been purchased by the appellant on 8th June, 2001 and 4th March, 2003 respectively.


Having heard learned counsel for the appellant as well as the Official Liquidator, we are of the view that while a final decision is to be taken on the appellant's application pending before the Company Judge, the appellant may be allowed to use the two shop rooms for her own use till a final decision is arrived at regarding the ownership of the same.


Accordingly, we allow the appeal and direct that necessary directions be given by the learned Company Judge to the Official Liquidator to allow the appellant to use the two shop rooms till a final decision is arrived at in the application filed by the appellant before the Learned Company Judge regarding the ownership of the shops in question. Such directions must be given within a month from the date of communication

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of this order subject to the appellant filing an undertaking that she will not transfer or encumber the said shop ? rooms during the pendency of Company Appeal No.5 of 2005.
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