Full Judgment Text
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CASE NO.:
Appeal (civil) 4032 of 2002
PETITIONER:
M/S. Pennar Paterson Ltd
RESPONDENT:
M/s.Shikshak Sahakari Bank Ltd
DATE OF JUDGMENT: 29/04/2008
BENCH:
Tarun Chatterjee & Harjit Singh Bedi
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.4032 OF 2002
In this appeal, the appellant \026 M/s. Pennar
Paterson Ltd. calls in question whether the
expression "other legal proceedings" occurring in
Section 446(1) of the Companies Act, 1956 includes
criminal proceedings or not. The High Court by the
impugned order has held that it does not, relying
on a decision of this Court in the case of M/s. BSI
Ltd. & Anr. vs. Gift Holdings Pvt. Ltd.& Anr. Etc.
[AIR 2000 SC 926]. The question involved in this
appeal is also covered by the aforesaid decision
relied on by the High Court. We do not find any
merit in this appeal. The learned counsel appearing
for the appellant also could not satisfy us nor
could he distinguish the decision relied on by the
High Court. Since the question is covered by the
aforesaid decision of this Court, we do not find
any merit in this appeal. Accordingly the appeal is
dismissed with no order as to costs.