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1993 Supreme(P&H) 456

N.K.SODHI
Maruti Ltd – Appellant
Versus
Laxmi Steel Traders – Respondent


Judgment

, J.

1. These seven company petitions bearing Nos.82, 84, 107, 109, 129, 138 and 140 of 1978 filed by the official liquidator and Maruti Udyog Ltd. can be conveniently disposed of by one order as the questions of law involved in them are common though some facts, as would be noticed in the later part of the judgment, are different. The primary question which arises for consideration in these proceedings is whether the impugned transactions of transferring goods by Maruti Ltd. , Gurgaon, to different parties which have been arrayed as respondent No.1 in these petitions are void ab initio or liable to be annulled by this court under the provisions of Sections 531 and 531a of the Companies Act, 1956 (for short, "the Act" ).

2. Before examining the merits of each case, I shall first refer to the scope of the provisions of Sections 531 and 531a of the Act under which the transfers made are sought to be challenged. These provisions are reproduced hereunder for facility of reference : "531. (1) Any transfer of property, movable or immovable, delivery of goods, payment, execution or other act relating to property made, taken or done by or against a company within six months before













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