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june 2016

Supreme Court of India · 2016-06-29

M/S. Madura Coats Ltd vs M/S. Modi Rubber Ltd. & Anr

Citation / case number
AIR 2016 SC 3072
Court
Supreme Court of India
Petitioner
M/S. Madura Coats Ltd
Respondent
M/S. Modi Rubber Ltd. & Anr
Author
Madan B. Lokur
Bench
C. Nagappan, Madan B. Lokur, Jagdish Singh Khehar

Judgment text excerpt

The Supreme Court held that the registration of a reference with the Board for Industrial and Financial Reconstruction (BIFR) under Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) is the crucial date for staying proceedings, not the date of filing the application. The Court upheld the High Court's decision to stay the winding up proceedings against Modi Rubber, emphasizing that the winding up order under the Companies Act, 1956 does not conclude the proceedings before the Company Court. The appeal by Madura Coats was dismissed, affirming the High Court's ruling.

M/S. Madura Coats Ltd vs M/S. Modi Rubber Ltd. & Anr · Niyam