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SAGAR SHARMA & ANR. vs. PHOENIX ARC PVT. LTD. & ANR.

SCR Citation: [2019] 14 S.C.R. 974
Year/Volume: 2019/ Volume 14
Date of Judgment: 30 September 2019
Petitioner: SAGAR SHARMA & ANR.
Disposal Nature: Appeal Allowed
Neutral Citation: 2019 INSC 1098
Judgment Delivered by: Hon'ble Mr. Justice R.F. Nariman
Respondent: PHOENIX ARC PVT. LTD. & ANR.
Case Type: CIVIL APPEAL /7673/2019
Order/Judgment: Judgment
1. 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 Code, has been made, 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” are petitions which are filed under the Code, it is Art.137 of the Limitation Act which will apply to such applications – The judgment under appeal set aside and matter remitted for determination afresh – Limitation Act – Art.137.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Insolvency and Bankruptcy Code
  • application under s.7 of the Code
  • Limitation
  • Art.137
5. Equivalent citation
    Citation(s) 2019 (10) SCC 353 = 2019 (10) Suppl. SCC 353 = 2019 (16) SCALE 869