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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
SC 2007/13070
Court
Supreme Court of India
Petitioner
ZENITH STEEL TUBES & INDUSTRIES LTD.&ANR
Respondent
SICOM LIMITED
Author
Altamas Kabir
Bench
B.SUDERSHAN REDDY ALTAMAS KABIR

Judgment text excerpt

The Supreme Court held that the liability of a guarantor is independent of the principal debtor's liability under Section 31(1)(aa) of the State Financial Corporations Act, 1951. The Court affirmed the Bombay High Court's ruling that the personal guarantee could be invoked despite the company being declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). The appeal was dismissed, upholding the order for the guarantor to pay the outstanding amount with interest.

ZENITH STEEL TUBES & INDUSTRIES LTD.&ANR vs SICOM LIMITED · Niyam