HANUMAN PRASAD BAGRI AND ORS. versus BAGRESS CEREALS PVT. LTD. AND ORS.

HANUMAN PRASAD BAGRI AND ORS. versus BAGRESS CEREALS PVT. LTD. AND ORS.

In the absence of a finding that winding up would unfairly prejudice petitioners and where the facts fall short of just and equitable grounds for winding up, no relief can be granted under Section 397 of the Companies Act.

Parties
Petitioners/appellants: Hanuman Prasad Bagri and Others; Respondents: Bagress Cereals Pvt. Ltd. and Others
Jurisdiction
India
Judgment Date
27 March 2001
Procedural Posture
Special Leave Petition (civil) / Supreme Court: Appeal From Calcutta High Court Division Bench Decision
Outcome
Petition dismissed.
Legal Topics
Oppression, Mismanagement, Winding Up of Company, Shareholder Disputes
Company Law Oppression Mismanagement Winding Up of Company Shareholder Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hanuman Prasad Bagri and Others

Petitioners/appellants

Bagress Cereals Pvt. Ltd. and Others

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court: Appeal From Calcutta High Court Division Bench Decision

Legal Issues

  1. 1 Whether the absence of a finding that winding up would unfairly prejudice the petitioners precludes relief under Section 397 of the Companies Act, 1956
  2. 2 Whether the facts justified making any order for oppression/mismanagement when winding up on just and equitable grounds was not made out

Ratio Decidendi

In the absence of a finding that winding up would unfairly prejudice petitioners and where the facts fall short of just and equitable grounds for winding up, no relief can be granted under Section 397 of the Companies Act.

Court Disposition

Petition dismissed.