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april 2006

Supreme Court of India · 2006-04-28

Icici Bank Ltd vs Sidco Leathers Ltd. & Ors

Citation / case number
AIR 2006 SUPREME COURT 2088
Court
Supreme Court of India
Petitioner
Icici Bank Ltd
Respondent
Sidco Leathers Ltd. & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court interpreted Sections 529 and 529-A of the Companies Act, 1956, clarifying the rights of secured creditors in the context of winding up proceedings. The Court held that secured creditors, including the appellant and other financial institutions, are entitled to realize their security outside the winding up process, provided they obtain permission from the Company Court. The judgment affirmed the High Court's decision allowing the appellant to continue recovery proceedings against the company in liquidation, emphasizing the priority of charges created by the debtor in favor of different creditors.

Icici Bank Ltd vs Sidco Leathers Ltd. & Ors · Niyam