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Supreme Court of India · 2006-03-30

MAHARASHTRA STATE FIN.CORPN. vs ASHOK K. AGARWAL

Citation / case number
SC 1999/6554
Court
Supreme Court of India
Petitioner
MAHARASHTRA STATE FIN.CORPN.
Respondent
ASHOK K. AGARWAL
Author
ARUN KUMAR
Bench
R.V. RAVEENDRAN ARUN KUMAR

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 was barred by limitation as per Article 137 of the Limitation Act, which applies when no specific period is prescribed. The Court found that the lower courts correctly interpreted the limitation period, rejecting the Corporation's argument that Article 136, which allows for a twelve-year period for execution of decrees, should apply. Consequently, the appeal was dismissed, affirming the dismissal of the application as time-barred.

MAHARASHTRA STATE FIN.CORPN. vs ASHOK K. AGARWAL · Niyam