https://www.taxtmi.com/caselaws?id=313936 Section 22 of SICA does not bar a mere recovery suit or action to prove indebtedness unless the proceeding is shown to be coercive, or in the nature of execution, distress or similar enforcement against the sick company's assets; on the stated facts, the suit was maintainable because no such coercive effect was established. An ex parte decree will not be set aside under Order IX Rule 13 CPC without sufficient cause, and the explanation for non-appearance must be credible and supported; here, prior service, earlier appearance through counsel, unexplained cessation of participation, and prolonged silence showed no sufficient cause. The decree therefore remained undisturbed. en-us Thu, 08 Aug 2019 00:00:00 +0530 Wed, 08 May 2024 20:12:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313936 Section 22 of SICA does not bar a mere recovery suit or action to prove indebtedness unless the proceeding is shown to be coercive, or in the nature of execution, distress or similar enforcement against the sick company's assets; on the stated facts, the suit was maintainable because no such coercive effect was established. An ex parte decree will not be set aside under Order IX Rule 13 CPC without sufficient cause, and the explanation for non-appearance must be credible and supported; here, prior service, earlier appearance through counsel, unexplained cessation of participation, and prolonged silence showed no sufficient cause. The decree therefore remained undisturbed. Case-Laws Companies Law Thu, 08 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313936