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september 2019

Supreme Court of India · 2019-09-02

Vashdeo R Bhojwani vs Abhyudaya Co Operative Bank Ltd

Citation / case number
AIR 2019 SUPREME COURT 4671
Court
Supreme Court of India
Petitioner
Vashdeo R Bhojwani
Respondent
Abhyudaya Co Operative Bank Ltd
Author
R.F. Nariman
Bench
Surya Kant, Rohinton Fali Nariman

Judgment text excerpt

The Supreme Court ruled on the applicability of limitation periods in the context of financial recovery under the Insolvency and Bankruptcy Code. The court held that the period of limitation does not commence until the debt is acknowledged, and in this case, the continuous default meant that the limitation period had not begun. Consequently, the NCLT's admission of the Section 7 petition was upheld, affirming the rights of the financial creditor to recover the dues.

Vashdeo R Bhojwani vs Abhyudaya Co Operative Bank Ltd · Niyam