VidhiSangh

Supreme Court of India · 08/10/2018

SUZUKI PARASRAMPURIA SUITINGS PVT. LTD. versus THE OFFICIAL LIQUIDATOR OF MAHENDRA PETROCHEMICALS LTD. (IN LIQUIDATION) AND OTHERS

[2018] 12 S.C.R. 906 · 2018 INSC 937

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court dismissed an assignee’s appeal concerning substitution as a secured creditor in winding-up proceedings. Having expressly sought secured-creditor status under SARFAESI on the strength of an assignment, the applicant could not reverse that position in review by claiming that it had sought only recognition of an actionable claim. The original order had refused substitution for SARFAESI purposes while leaving other contentions open before the appropriate forum.

Issues

  1. Whether an applicant could disown its pleaded claim to secured-creditor status after that claim failed and advance a contradictory case in review.

Held

Result

Appeal dismissed; refusal of substitution for SARFAESI purposes and rejection of review left undisturbed, with the original reservation of other contentions intact.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 906.