Supreme Court · 2022 INSC 800 · Decided 5 August 2022
Kotak Mahindra Bank Limited v. Kew Precision Parts Private Limited & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 800 · [2022] 19 S.C.R. 212
- Case number
- CIVIL APPEAL No. 2176/2020
- Decided
- 5 August 2022
- Bench
- INDIRA BANERJEE, J.K. MAHESHWARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 25, 25(3); Limitation Act Section 13(2), 5, 137, 18; IBC Section 7, 8, 9, 14, 238A, 62, 7(5)(b), 238; SARFAESI Act Section 7, 8, 9, 14, 238A, 13(2)
Headnote
Insolvency and Bankruptcy Code, 2016 - ss. 7, 8, 9, 14, 238A - The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 - s. 13 (2) - Limitation Act 1963 - Schedule 5, 18 - Appellant sanctioned loan/credit facilities to Respondent and necessary documents were executed between them on 29.11.2012 - Between 23.11.2012 and 31.12.2013, loan amounts were disbursed - Respondent mortgaged its assets in favour of the Appellant by memorandum dated
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