Supreme Court · 2019 INSC 1051 · Decided 18 September 2019
Gaurav Hargovindbhai Dave v. Asset Reconstruction Company (India) LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1051 · [2019] 13 S.C.R. 224
- Case number
- CIVIL APPEAL No. 4952/2019
- Decided
- 18 September 2019
- Bench
- R.F. NARIMAN, R. SUBHASH REDDY, SURYA KANT (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 62, 137; IBC Section 7
Headnote
Limitation Act, 1963: Articles 62 and 137 - Applicability of - To application u/s. 7 of Insolvency and Bankruptcy Code - Admission of application u/s. 7 applying Art. 62 - Held: Art. 62 is applicable to only suits - An fall within the residuary Art. 137 - Applying Art. 137, in the facts of the present case, application u/s. 7 is time-barred - There is no equity about limitation - It is not open to the court to interpret Articles of Limitation Act, when applicability of a particular Article is
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