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Supreme Court of India · 2016-06-29

M/S. MADURA COATS LTD. vs M/S. MODI RUBBER LTD.

Citation / case number
SC 2004/18135
Court
Supreme Court of India
Petitioner
M/S. MADURA COATS LTD.
Respondent
M/S. MODI RUBBER LTD.
Author
Madan B. Lokur
Bench
JAGDISH SINGH KHEHAR,MADAN B. LOKUR,C. NAGAPPAN

Judgment text excerpt

The Supreme Court held that the winding up of a company under the Companies Act can be stayed if a reference is made to the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). The Court clarified that the crucial date for the stay of proceedings under Section 22 of SICA is when the reference is registered with the BIFR, not when the application is filed. The appeal by Madura Coats was dismissed, upholding the High Court's decision to stay the winding up proceedings.

M/S. MADURA COATS LTD. vs M/S. MODI RUBBER LTD. · Niyam