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march 2006

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.

Maharashtra State Financial ... vs Ashok K. Agarwal & Ors · Niyam