https://www.taxtmi.com/caselaws?id=195481 A sanctioned compromise scheme under the Companies Act can be specifically enforced to require immediate surrender of vacant possession where the obligation to vacate forms part of the binding arrangement, and prior payment by the company is not a condition precedent unless the scheme says so. The occupant therefore had no continuing right to remain in the bungalow, and vacant possession was treated as necessary to facilitate sale. By contrast, a separate claim for damages was not adjudicated under sections 391 and 392, and section 446 was inapplicable absent a winding-up order or provisional liquidator. The monetary claim had to be pursued in the ordinary civil forum. en-us Tue, 03 Aug 1976 00:00:00 +0530 Wed, 01 Nov 2017 13:13:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195481 A sanctioned compromise scheme under the Companies Act can be specifically enforced to require immediate surrender of vacant possession where the obligation to vacate forms part of the binding arrangement, and prior payment by the company is not a condition precedent unless the scheme says so. The occupant therefore had no continuing right to remain in the bungalow, and vacant possession was treated as necessary to facilitate sale. By contrast, a separate claim for damages was not adjudicated under sections 391 and 392, and section 446 was inapplicable absent a winding-up order or provisional liquidator. The monetary claim had to be pursued in the ordinary civil forum. Case-Laws Companies Law Tue, 03 Aug 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195481