Supreme Court

Stantech Project Engg. Pvt. Ltd. v. Nicco Corporation Ltd.

MANU/SC/0858/2015

13.08.2015

Company

High Court "unjustifiably considerate" in setting aside order passed on mistaken concession by junior counsel

The Supreme Court differed with the finding of the High Court that a concession by a junior counsel before a Company Court was mistaken. It held that by recording the debt owed by the Respondent would be paid in installments, the counsel had 'displayed legal sagacity' in preventing the winding up of the Respondent. The Supreme Court rebuked the the High Court's "leniency that results in proliferation and prolongation of litigation".

Relevant

Shrimati Jamilabai Abdul Kadar v. Shankarlal Gulabchand MANU/SC/0518/1975
State of Maharashtra v. Ramdas Shrinivas Nayak MANU/SC/0117/1982

Tags : counsel mistake winding up concession

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