VidhiSangh

Supreme Court of India · 19/09/2022

M/S TECH SHARP ENGINEERS PVT. LTD. versus SANGHVI MOVERS LIMITED

[2022] 13 S.C.R. 922 · 2022 INSC 986

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Summary

Sanghvi Movers hired a crane to Tech Sharp Engineers and invoiced about Rs. 38.85 lakh in 2012–13. The last payment was made in June 2013 and the last acknowledgment of liability was on 7 November 2013. Sanghvi filed a winding-up petition in the Madras High Court in December 2015. After the IBC came into force on 1 December 2016, it filed a Section 9 application in March 2018. The NCLT dismissed it as time-barred, but the NCLAT treated the right to apply as accruing on 1 December 2016. The Supreme Court allowed the corporate debtor's appeal. Limitation under Article 137 runs from the date of default, not from the IBC's commencement. Pendency of the winding-up petition did not qualify for exclusion under Section 14(2), as the High Court had jurisdiction, and no acknowledgment after 2013 extended time under Section 18.

Issues

  1. Whether limitation for a Section 9 IBC application runs from the date of default or from the date the IBC came into force
  2. Whether pendency of a winding-up petition in the High Court saves limitation for a Section 9 application under Section 14(2) of the Limitation Act
  3. Whether there was any acknowledgment of liability extending limitation under Section 18

Provisions considered

Held

Result

Appeal allowed. The NCLAT's order was set aside and the NCLT's dismissal of the Section 9 application as time-barred restored, without prejudice to the respondent's other remedies.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 922.