Supreme Court · 2016 INSC 107 · Decided 29 January 2016

M/S Madras Petrochem LTD. & Anr v. Bifr& ORS.

Court
Supreme Court of India
Citation
2016 INSC 107 · [2016] 11 S.C.R. 419
Case number
CIVIL APPEAL No. 614/2016
Decided
29 January 2016
Bench
KURIAN JOSEPH, R.F. NARIMAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Arbitration Act; Companies Act; SARFAESI Act Section 13(2), 13(4), 13(9), 41, 35

Headnote

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) - ss. 13, 35, 37 and 41 - Sick Industrial Companies (Special Provisions) ·Act, 1985 (SICA) - ss. 15; 22 and 32 - Whether the SARFAESI Act prevails over the SICA Act - Held: extent of inconsistency therewith - Where a secured creditor of a sick industrial company seeks to recover its. debt in the manner provided by s.13 (2) of the SARFAESI Act, such secured creditor may realise such secured debt uls. 13(4) of the SARFAESI Act, notwithstanding the provisions of s.22 of

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