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    <title>1994 (4) TMI 238 - Supreme Court</title>
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    <description>Section 446 of the Companies Act, 1956 is intended to protect the assets of a company in winding up and to secure efficient disposal of proceedings where appropriate, but a secured creditor remains entitled to realise its security. A mortgage suit by deposit of title deeds is not ordinarily a proceeding likely to require prolonged trial, and transfer should not be ordered unless justified by the interests of justice and convenience. On the facts, the suits for enforcement of the bank&#039;s mortgage security were not transferred from Hyderabad to the Company Court at Bombay, because the properties were in Hyderabad and the transfer would impose greater avoidable expense on the bank.</description>
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    <pubDate>Wed, 27 Apr 1994 00:00:00 +0530</pubDate>
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      <title>1994 (4) TMI 238 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=102483</link>
      <description>Section 446 of the Companies Act, 1956 is intended to protect the assets of a company in winding up and to secure efficient disposal of proceedings where appropriate, but a secured creditor remains entitled to realise its security. A mortgage suit by deposit of title deeds is not ordinarily a proceeding likely to require prolonged trial, and transfer should not be ordered unless justified by the interests of justice and convenience. On the facts, the suits for enforcement of the bank&#039;s mortgage security were not transferred from Hyderabad to the Company Court at Bombay, because the properties were in Hyderabad and the transfer would impose greater avoidable expense on the bank.</description>
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      <pubDate>Wed, 27 Apr 1994 00:00:00 +0530</pubDate>
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