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september 2019

Supreme Court of India · 2019-09-18

GAURAV HARGOVINDBHAI DAVE vs ASSET RECONSTRUCTION COMPANY (INDIA) LTD.

Citation / case number
SC 2019/17706
Court
Supreme Court of India
Petitioner
GAURAV HARGOVINDBHAI DAVE
Respondent
ASSET RECONSTRUCTION COMPANY (INDIA) LTD.
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE SURYA KANT

Judgment text excerpt

The Supreme Court addressed the issue of the applicability of the Limitation Act in the context of insolvency proceedings under the Insolvency and Bankruptcy Code. The court held that the date of default, which was the date of the NPA, is crucial for determining the limitation period for filing an application under Section 7. The judgment clarified that the assignment of debt and the timeline of proceedings must be considered to ascertain the maintainability of the application.

GAURAV HARGOVINDBHAI DAVE vs ASSET RECONSTRUCTION COMPANY (INDIA) LTD. · Niyam