https://www.taxtmi.com/caselaws?id=97614 On an amalgamation sanctioned by vesting order under section 153A of the Indian Companies Act, 1913, the transfer of the undertaking, property and liabilities of the transferor company is wide enough to include an accrued contractual claim for damages connected with the business. Such a claim is treated as an incidental asset passing with the undertaking, not as a mere right to sue. The vesting order itself effects the transfer, and section 6(e) of the Transfer of Property Act does not apply because it restricts only transfer of a bare right to sue. The transferee company may therefore continue the pending proceeding in place of the transferor. en-us Tue, 10 Feb 1959 00:00:00 +0530 Tue, 17 Jan 2012 14:43:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97614 On an amalgamation sanctioned by vesting order under section 153A of the Indian Companies Act, 1913, the transfer of the undertaking, property and liabilities of the transferor company is wide enough to include an accrued contractual claim for damages connected with the business. Such a claim is treated as an incidental asset passing with the undertaking, not as a mere right to sue. The vesting order itself effects the transfer, and section 6(e) of the Transfer of Property Act does not apply because it restricts only transfer of a bare right to sue. The transferee company may therefore continue the pending proceeding in place of the transferor. Case-Laws Companies Law Tue, 10 Feb 1959 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97614