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
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)