Supreme Court of India · 2006-03-30
Maharashtra State Financial ... vs Ashok K. Agarwal & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 1584
- Court
- Supreme Court of India
- Petitioner
- Maharashtra State Financial ...
- Respondent
- Ashok K. Agarwal & Ors
- Author
- Arun Kumar
- Bench
- Arun Kumar, R.V. Raveendran
Judgment text excerpt
The Supreme Court held that the application filed by the Maharashtra State Financial Corporation under Sections 31 and 32 of the State Financial Corporation Act, 1951 for recovery of dues from the sureties was not barred by limitation, as Article 136 of the Limitation Act, which allows for a twelve-year period for execution of decrees, applies. The Court found that the lower courts erred in applying Article 137 instead, which prescribes a three-year limitation period. Consequently, the Court reversed the dismissal of the application and allowed the Corporation to proceed with recovery.