Supreme Court · 2018 INSC 956 · Decided 11 October 2018
B.K. Educational Services Private Limited v. Parag Gupta and Associates
- Court
- Supreme Court of India
- Citation
- 2018 INSC 956 · [2018] 12 S.C.R. 794
- Case number
- CIVIL APPEAL No. 23988/2017
- Decided
- 11 October 2018
- Bench
- R.F. NARIMAN, NAVIN SINHA (2-judge bench)
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 137, 5; IBC Section 238A
Headnote
Insolvency and Bankruptcy Code, 2016 - s.238A (As inserted by Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 w.e.f. 06.06.2018) - s.238A, if retrospective in nature - Held: s.238A being clarificatory of law and being procedural in to be retrospective - Amendment of s.238A would not serve its object unless it is construed as being retrospective, as otherwise, applications seeking to resurrect time-barred claims would have to be allowed, not being governed by the law of limitation - Limitation Act, 1963.
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