2008 INSC 1129
                                    SUPREME COURT OF INDIA

                                            Pennar Paterson Ltd.

                                                      Vs.

                                       Shikshak Sahakari Bank Ltd

                                           C.A.No.4032 of 2002

                             (Tarun Chatterjee and Harjit Singh Bedi JJ.)

                                                  29.04.2008

                                                   ORDER

1. In this appeal, the appellant M/s. Pennar Paterson Ltd. calls in question whether the
expression "other legal proceedings" occurring in Section 446(1) of the Companies Act,
1956 includes criminal proceedings or not. The High Court by the impugned order has held
that it does not, relying on a decision of this Court in the case of M/s. BSI Ltd. & Anr. vs. Gift
Holdings Pvt. Ltd.& Anr. Etc.1. The question involved in this appeal is also covered by the
aforesaid decision relied on by the High Court. We do not find any merit in this appeal. The
learned counsel appearing for the appellant also could not satisfy us nor could he distinguish
the decision relied on by the High Court. Since the question is covered by the aforesaid
decision of this Court, we do not find any merit in this appeal. Accordingly the appeal is
dismissed with no order as to costs.

1AIR 2000 SC 926

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