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july 2000

Supreme Court of India · 2000-07-24

M/S Patheja Bros. Forgings & Stamping & ... vs I.C.I.C.I. Ltd. & Ors.

Citation / case number
AIR 2000 SUPREME COURT 2553
Court
Supreme Court of India
Petitioner
M/S Patheja Bros. Forgings & Stamping & ...
Respondent
I.C.I.C.I. Ltd. & Ors.
Author
S.P. Bharucha
Bench
S. P. Bharucha, M. B. Shah, Ruma Pal

Judgment text excerpt

The Supreme Court addressed the applicability of Section 22 of The Sick Industrial Companies (Special Provisions) Act, 1985, in relation to suits against guarantors of loans granted to industrial companies. The Court held that Section 22 does not bar suits against guarantors, as it specifically pertains to suits against the industrial company itself. The Court affirmed the lower court's decision to maintain the ad interim relief concerning the guarantors' properties, thereby allowing the suit to proceed against them without the need for consent from the Board or Appellate Authority under the Act.

M/S Patheja Bros. Forgings & Stamping & ... vs I.C.I.C.I. Ltd. & Ors. · Niyam