Supreme Court · 2023 INSC 246 · Decided 17 March 2023

Modi Rubber Limited v. Continental Carbon India LTD.

Court
Supreme Court of India
Citation
2023 INSC 246 · [2023] 3 S.C.R. 1026
Case number
CIVIL APPEAL No. 375/2017
Decided
17 March 2023
Bench
M.R. SHAH, SUDHANSHU DHULIA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 39, 300A

Headnote

Sick Industrial Companies (Special Provisions) Act, 1985 - ss.18, 19 - Approval of a scheme by the BIFR under the 1985 Act, unsecured creditor if has the option not to accept the scaled down value of its dues - Held: No - Rehabilitation scheme u/s.18 shall bind all the unsecured creditors and the unsecured creditors have to accept the scaled down value of its dues provided under the rehabilitation scheme - To make the company viable, the concerned persons including the unsecured creditors have to sacrifice to some extent otherwise the revival

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