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Companies Law - Highlights / Catch Notes

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Summon Order - Wrongfully withholding the companies’ property - ...


High Court Quashes Summons in Property Dispute Due to Lack of Judicial Consideration; MoU Ownership Claims Unresolved.

August 23, 2022

Case Laws     Companies Law     HC

Summon Order - Wrongfully withholding the companies’ property - non-application of judicial mind - As it can be seen from the facts that the fate of the property in dispute is not yet determined, the rival parties are claiming rights over the property in dispute on the basis of the MoU. Till date, neither the petitioner nor the respondent/complainant has the clear title or ownership over the subject property. There is no sale deed in their favour. The suit for specific performance of contract filed by them against original vendee is still pending. - the order of summoning of the petitioner, at this stage, is illegal and the same deserves to be quashed - HC

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