Supreme Court of India · 2020-08-28
M/S RADHA EXPORTS (INDIA) PRIVATE LIMITED vs K.P JAYARAM
- Citation / case number
- SC 2019/33481
- Court
- Supreme Court of India
- Petitioner
- M/S RADHA EXPORTS (INDIA) PRIVATE LIMITED
- Respondent
- K.P JAYARAM
- Author
- HON'BLE MS. JUSTICE INDIRA BANERJEE
- Bench
- HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ARUN MISHRA
Judgment text excerpt
The Supreme Court addressed an appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, challenging the NCLAT's decision which allowed the Respondents' application for insolvency despite the NCLT's earlier rejection based on limitation grounds. The court examined the nature of the loans advanced by the Respondents to the Appellant's proprietorship and the implications of the limitation period on the insolvency application. The outcome reaffirmed the importance of limitation in insolvency proceedings, ultimately upholding the NCLT's decision.