Supreme Court · 2023 INSC 923 · Decided 18 October 2023

Tottempudi Salalith v. State Bank of India & ORS.

Court
Supreme Court of India
Citation
2023 INSC 923 · [2023] 14 S.C.R. 492
Case number
CIVIL APPEAL No. 2348/2021
Decided
18 October 2023
Bench
ANIRUDDHA BOSE, VIKRAM NATH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Limitation Act Section 136, 137; IBC Section 7; SARFAESI Act

Headnote

HEADNOTES Issue for consideration: Issues arose as to whether the debts in connection with the recovery certifi cate issued in the year 2015, could form subject matter of an application u/s.7 IBC; whether the the banks having approached the DRT, were barred under the doctrine of election from debts; and whether the date of default should go back to the date on which the loan account of the corporate debtor was declared as non-performing asset. Insolvency and Bankruptcy Code, 2016 - s. 7 - Debts in connection with the recovery certifi cate issued in the year 2015, if could

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