BHARAT SANCHAR NIGAM LTD. vs PAWAN KUMAR GUPTA

The Supreme Court held that the appellant, Bharat Sanchar Nigam Ltd., as an instrumentality of the State, has vested rights to recover debts under the actionable claim as defined in Section 3 of the Transfer of Property Act, 1882. The Court affirmed that the execution of the Office Memorandum dated 30.09.2000 transferred all rights and remedies from the Department of Telecommunications to the appellant, thus allowing the appellant to enforce its claim despite the High Court's dismissal based on limitation. The Court ruled that the appellant is entitled to the benefit of Article 112 of the Limitation Act, 1963, which permits instituting a suit within thirty years from the cause of action.