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.