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august 2008

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.

Ksl & Industries Ltd vs M/S. Arihant Threads Ltd. & Ors · Niyam