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april 2008

Supreme Court of India · 2008-04-03

Syndicate Bank vs New Look Rubbers (P) Ltd & Ors

Citation / case number
AIR 2008 SUPREME COURT 2670
Court
Supreme Court of India
Petitioner
Syndicate Bank
Respondent
New Look Rubbers (P) Ltd & Ors
Author
Harjit Singh Bedi
Bench
Tarun Chatterjee, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the provisions of Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985, do not provide an automatic stay on execution proceedings unless the company is declared sick by the Board for Industrial and Financial Reconstruction. The Court emphasized that the execution of a decree cannot be obstructed by mere claims of sickness without proper declaration. The appeal was dismissed, affirming the lower court's decision to allow the execution of the decree against the judgment-debtors.

Syndicate Bank vs New Look Rubbers (P) Ltd & Ors · Niyam