https://www.taxtmi.com/caselaws?id=107014 Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 bars a suit to enforce a guarantee given for a loan advanced to a sick industrial company while an inquiry under section 16 is pending, unless the required consent is obtained. Where the guarantee is intrinsically linked to that loan, the suit is not maintainable and any decree passed without jurisdiction is a nullity. Such a void decree is non est and may be challenged as inexecutable in execution proceedings under section 47 of the Code of Civil Procedure, 1908; constructive res judicata and the absence of an Order 9 Rule 13 application do not cure the defect. en-us Wed, 11 Apr 2001 00:00:00 +0530 Fri, 16 Mar 2012 19:32:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=107014 Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 bars a suit to enforce a guarantee given for a loan advanced to a sick industrial company while an inquiry under section 16 is pending, unless the required consent is obtained. Where the guarantee is intrinsically linked to that loan, the suit is not maintainable and any decree passed without jurisdiction is a nullity. Such a void decree is non est and may be challenged as inexecutable in execution proceedings under section 47 of the Code of Civil Procedure, 1908; constructive res judicata and the absence of an Order 9 Rule 13 application do not cure the defect. Case-Laws Companies Law Wed, 11 Apr 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=107014