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"

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