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VASHDEO R BHOJWANI vs. ABHYUDAYA CO-OPERATIVE BANK LTD & ANR.

SCR Citation: [2019] 12 S.C.R. 75
Year/Volume: 2019/ Volume 12
Date of Judgment: 02 September 2019
Petitioner: VASHDEO R BHOJWANI
Disposal Nature: Appeal Allowed
Neutral Citation: 2019 INSC 984
Judgment Delivered by: Hon'ble Mr. Justice R.F. Nariman
Respondent: ABHYUDAYA CO-OPERATIVE BANK LTD & ANR.
Case Type: CIVIL APPEAL /11020/2018
Order/Judgment: Judgment
1. 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 Supreme Court – Held: Limitation Act is 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 Bankruptcy Code, 2016 – s.7.

2. Case referred
3. Act
  • Limitation Act, 1963 (36 of 1963)
4. Keyword
  • Limitation Act
  • 1963
  • s.23 and Article 137
  • Applicability of the Limitation Act
  • S 7 of IBC code
5. Equivalent citation
    Citation(s) 2019 AIR 4671 = 2019 (9) SCC 158 = 2019 (9) Suppl. SCC 158 = 2019 (17) SCALE 2