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BHARAT SANCHAR NIGAM LTD. & ANR. vs. M/S NORTEL NETWORKS INDIA PVT. LTD.

SCR Citation: [2021] 2 S.C.R. 644
Year/Volume: 2021/ Volume 2
Date of Judgment: 10 March 2021
Petitioner: BHARAT SANCHAR NIGAM LTD. & ANR.
Disposal Nature: Appeal Allowed
Neutral Citation: 2021 INSC 175
Judgment Delivered by: Hon'ble Ms. Justice Indu Malhotra
Respondent: M/S NORTEL NETWORKS INDIA PVT. LTD.
Case Type: CIVIL APPEAL /843-844/2021
Order/Judgment: Judgment
1. Headnote

Insolvency and Bankruptcy Code, 2016: ss. 10, 61, 238A – Proceedings or appeals before the adjudicating Authority, appellate tribunal etc – Application of Limitation Act – On facts, application u/s. 10 by Corporate Debtor for initiation of Corporate Insolvency Resolution Process – Successively five Form G notified – Resolution applicant-KIAL submitted Resolution Plan (RP) within the stipulated time and resolution applicant-Kalpraj submitted plan after the stipulated time – Objection raised by KIAL – Subsequently on direction by Committee of Creditors (CoC), submission of revised plan by KIAL and Kalpraj – Thereafter, approval of revised plan submitted by Kalpraj – KIAL challenged the approval of Kalpraj’s Resolution Plan before NCLT – Plan of Kalpraj approved by NCLT – Thereafter, KIAL filed Writ Petition before the High Court which was dismissed on the ground of alternate remedy – KIAL then filed appeal before NCLAT which was allowed, rejecting Kalpraj submission that appeal were filed beyond the limitation period prescribed in IBC – On appeal, held: Provisions of s. 14 of the Limitation Act are available to KIAL – Applying the principles underlying s. 14, KAIL entitled to exclusion of the period during which it was bona fide prosecuting a remedy before the High Court in good faith and with due diligence, thus, the appeals filed before NCLAT within the limitation – Though an alternate remedy was available to it, it was approaching the High Court since the issue with regard to functioning of NCLT also fell for consideration – High Court dismissed the writ petition relegating KIAL to an alternate remedy available in law – High Court could have exercised extra-ordinary jurisdiction u/Art. 226 inasmuch as, the grievance was regarding procedure followed by NCLT to be in breach of principles of natural justice – Limitation Act, 1963 – s. 29(2) – Constitution of India – Art. 226.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Arbitration and Conciliation Act
  • 1996 – s.11
5. Equivalent citation
    Citation(s) 2021 AIR 2849 = 2021 (5) SCC 738 = 2021 (5) Suppl. SCC 738 = 2021 (3) JT 150 = 2021 (3) Suppl. JT 150 = 2021 (4) SCALE 11