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january 2016

Supreme Court of India · 2016-01-29

M/S MADRAS PETROCHEM LTD. vs BIFR .

Citation / case number
SC 2008/30345
Court
Supreme Court of India
Petitioner
M/S MADRAS PETROCHEM LTD.
Respondent
BIFR .
Author
R.F. Nariman
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court addressed the interplay between the Sick Industrial Companies (Special Provisions) Act, 1985 and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Court held that the BIFR's recommendation for winding up under Section 20(1) of the Sick Industrial Companies Act was valid due to the failure of rehabilitation schemes and the company's inability to recover its net worth. The appeals were dismissed, affirming the orders of the BIFR and AAIFR.

M/S MADRAS PETROCHEM LTD. vs BIFR . · Niyam