VidhiSangh

Supreme Court of India · 21/01/2021

M/S. RELIANCE ASSET RECONSTRUCTION COMPANY LTD. versus M/S HOTEL POONJA INTERNATIONAL PVT. LTD.

[2021] 1 S.C.R. 495 · 2021 INSC 35

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Summary

The Supreme Court upheld rejection of an asset reconstruction company’s insolvency application as time-barred. Its pleaded default and the recovery certificate substantially preceded the application, and assignment or substitution in recovery proceedings did not save limitation. The balance sheet and settlement letter relied on later did not establish the timely acknowledgment claimed. Whether Section 18 applied to Section 7 applications generally was expressly left open. Existing DRT recovery proceedings remained available.

Issues

  1. Whether the pleaded default, recovery certificates and asserted acknowledgment materials established a timely insolvency application.
  2. Whether assignment and pending recovery proceedings prevented the limitation bar.

Provisions considered

Held

Result

Appeal dismissed; rejection of the Section 7 application as barred by limitation upheld, without foreclosing the pending recovery proceedings.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 495.