Supreme Court · 2019 INSC 984 · Decided 2 September 2019

Vashdeo R Bhojwani v. Abhyudaya Co-Operative Bank LTD & ANR.

Court
Supreme Court of India
Citation
2019 INSC 984 · [2019] 12 S.C.R. 75
Case number
CIVIL APPEAL No. 11020/2018
Decided
2 September 2019
Bench
R.F. NARIMAN, SURYA KANT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Limitation Act Section 23, 137, 5; IBC Section 7

Headnote

Limitation Act, 1963: s.23 and Article 137 - Applicability of the Limitation Act - To the application u/s.7 of Insolvency and Bankruptcy Code, 2016 - It was held in the impugned order that as the default continued, no period of limitation would be attracted - Appeal to applicable to the applications filed u/s.7 - Petition u/s. 7 filed after 3 years from the date of default, would be barred u/Art. 137 of the Limitation Act - The limitation would not be saved by virtue of s.23 of the Limitation Act - Appeal allowed - Insolvency and

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