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    <title>2003 (2) TMI 338 - Supreme Court</title>
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    <description>Section 22(1) of SICA was held to bar &quot;proceedings&quot; for recovery only against the sick industrial company, not against its guarantors. The SC construed the 1994 amendment phrase as confined to the pre-decretal stage, since execution recovery proceedings are already covered by the first limb of s.22(1). Applying Maharashtra Tubes, proceedings under the U.P. statute were characterised as &quot;recovery proceedings&quot; falling within the first limb and not as a &quot;suit for recovery&quot; under the second limb; consequently, the statutory embargo did not extend to guarantors. The appeal was dismissed, and recovery against guarantors under the U.P. statute was permitted.</description>
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    <pubDate>Fri, 14 Feb 2003 00:00:00 +0530</pubDate>
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      <title>2003 (2) TMI 338 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=108429</link>
      <description>Section 22(1) of SICA was held to bar &quot;proceedings&quot; for recovery only against the sick industrial company, not against its guarantors. The SC construed the 1994 amendment phrase as confined to the pre-decretal stage, since execution recovery proceedings are already covered by the first limb of s.22(1). Applying Maharashtra Tubes, proceedings under the U.P. statute were characterised as &quot;recovery proceedings&quot; falling within the first limb and not as a &quot;suit for recovery&quot; under the second limb; consequently, the statutory embargo did not extend to guarantors. The appeal was dismissed, and recovery against guarantors under the U.P. statute was permitted.</description>
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      <pubDate>Fri, 14 Feb 2003 00:00:00 +0530</pubDate>
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