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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.

M/S RADHA EXPORTS (INDIA) PRIVATE LIMITED vs K.P JAYARAM · Niyam