Supreme Court · 2019 INSC 1098 · Decided 30 September 2019
Sagar Sharma & ANR. v. Phoenix Arc PVT. LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1098 · [2019] 14 S.C.R. 974
- Case number
- CIVIL APPEAL No. 7673/2019
- Decided
- 30 September 2019
- Bench
- R.F. NARIMAN, V. RAMASUBRAMANIAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 141; Limitation Act Section 137, 22; IBC Section 7
Headnote
Insolvency and Bankruptcy Code: s.7 - Limitation - An application under s.7 of the Code does not purport to be an application to enforce any mortgage liability - It is an application made by a financial creditor stating that a default, as defined under the which default amounts to Rs. 1,00,000/- or more which then triggers the application of the Code - The date of coming into force of the IBC Code does not and cannot form a trigger point of limitation for applications filed under the Code - Equally, since "applications"
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)