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october 1961

Supreme Court of India · 1961-10-12

73JYOTI BHUSHAN GUPTA vs THE BANARAS BANK LTD

Citation / case number
SC 1956/165
Court
Supreme Court of India
Petitioner
73JYOTI BHUSHAN GUPTA
Respondent
THE BANARAS BANK LTD
Author
C. SHAH
Bench
J.C. SHAH

Judgment text excerpt

The Supreme Court held that the execution application filed by the official Liquidator was governed by Article 183 of the Indian Limitation Act, 1908, which allows a period of twelve years for execution of orders made in the exercise of ordinary original civil jurisdiction. The Court clarified that the order under Section 187 of the Indian Companies Act, 1913, was made in such jurisdiction, thus the execution application was not barred by the three-year limitation period under Article 182. The appeal was dismissed, affirming the High Court's order for payment by the contributors.

73JYOTI BHUSHAN GUPTA vs THE BANARAS BANK LTD · Niyam