Successor Company gets rights to initiate debt recovery proceedings

The Supreme Court stated last week that the debt recovery proceedings of Industrial Reconstruction Bank of India (IRBI) may be continued against a defaulting company by its successor, Industrial Investment Bank of India Ltd (IIBIL). The new institution was brought into being by the Industrial Reconstruction Bank (Repeal) Act in 1997.

In this case, IIBIL vs Jain Cables Ltd, a loan was granted to the company. The latter did not meet the loan obligations and therefore, the creditor moved the Rajasthan high court. It held that the petition was not maintainable because it was moved under the repealed law. IIBIL therefore appealed to the Supreme Court. It overruled the high court. It stated that the provisions of the 1997 Act made it clear that any cause of action which arose before 1997 and pursued by IRBI could be continued and enforced by IIBIL. The case could be pursued as if the 1997 Act had not been enacted, the judgement said.

REPORTABLE

IN THE SUPREME COURT OF INDIA

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