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november 2007

Supreme Court of India · 2007-11-21

Zenith Steel Tubes & Industries Ltd & Anr vs Sicom Limited

Citation / case number
AIR 2008 SUPREME COURT 451
Court
Supreme Court of India
Petitioner
Zenith Steel Tubes & Industries Ltd & Anr
Respondent
Sicom Limited
Author
Altamas Kabir
Bench
Altamas Kabir, B.Sudershan Reddy

Judgment text excerpt

The Supreme Court upheld the enforcement of a personal guarantee under Section 31(1)(aa) of the State Financial Corporations Act, 1951, despite the appellant company being declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). The Court clarified that the liability of the guarantor is independent of the principal debtor's obligations, and Section 22 of SICA does not prevent the enforcement of guarantees. The appeal against the Bombay High Court's decision was dismissed, affirming the order for the guarantor to pay the outstanding amount with interest.

Zenith Steel Tubes & Industries Ltd & Anr vs Sicom Limited · Niyam