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december 2013

Supreme Court of India · 2013-12-13

INDERJEET ARYA vs ICICI BANK LTD

Citation / case number
SC 2012/31391
Court
Supreme Court of India
Petitioner
INDERJEET ARYA
Respondent
ICICI BANK LTD
Author
K.S. RADHAKRISHNAN
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court addressed the applicability of Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) to directors and guarantors of a sick company. The Court held that the protection under Section 22(1) is not available to the appellants, who are directors and guarantors of M/s Rajat Pharmachem Pvt. Ltd., as established in prior judgments including Kailash Nath Agarwal v. Pradeshiya Industrial & Investment Corporation of U.P. Ltd. (2003) 4 SCC 305. The appeal was dismissed, affirming the High Court's decision that the appellants could not claim such protection.

INDERJEET ARYA vs ICICI BANK LTD · Niyam