Supreme Court of India · 2008-08-25
Ksl & Industries Ltd vs M/S. Arihant Threads Ltd. & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 151
- Court
- Supreme Court of India
- Petitioner
- Ksl & Industries Ltd
- Respondent
- M/S. Arihant Threads Ltd. & Ors
- Author
- C.K. Thakker
- Bench
- C.K. Thakker, Altamas Kabir
Judgment text excerpt
The Supreme Court ruled that under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), no recovery proceedings can be initiated against a company that has been declared sick, thereby upholding the High Court's decision to set aside the Debt Recovery Appellate Tribunal's order. The Court emphasized that the provisions of SICA provide a protective umbrella for companies undergoing rehabilitation, preventing creditors from taking recovery actions during this period. Consequently, the appeal by KSL & Industries Ltd. was dismissed, affirming the High Court's judgment.