VidhiSangh

Supreme Court of India · 05/03/2020

UCO BANK versus NATIONAL TEXTILE CORPORATION LTD. & ANR.

[2020] 4 S.C.R. 692 · 2020 INSC 282

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Summary

The Supreme Court upheld termination of UCO Bank’s Permanent Machinery of Arbitration proceedings but set aside the High Court’s finding that NTC and the Union were not liable for the textile mill’s debts. The dispute over the undertaking’s takeover and inherited liabilities required adjudication in the recovery proceedings. The Court revived the relevant proceedings, allowed an application to implead the respondents, and preserved all objections and merits for independent determination.

Issues

  1. Whether the PMA was the appropriate forum for the disputed takeover liability.
  2. Whether the High Court could decide the respondents’ substantive debt liability while reviewing the arbitral notice.
  3. How the bank could pursue its recovery remedies.

Held

Result

Appeal partly allowed without costs. Quashing of PMA notice sustained; High Court’s non-liability finding set aside and recovery proceedings revived with liberty to seek impleadment. Connected special leave petition disposed of.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 692.