VidhiSangh

Supreme Court of India · 02/09/2019

VASHDEO R BHOJWANI versus ABHYUDAYA CO-OPERATIVE BANK LTD & ANR.

[2019] 12 S.C.R. 75 · 2019 INSC 984

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Summary

A bank’s insolvency application filed in 2017 relied on a 1999 default and a 2001 recovery certificate. The tribunals treated non-payment as a continuing cause unaffected by limitation. Applying B.K. Educational Services and the distinction between continuing wrong and continuing effects, the Court held the application time-barred. The recovery certificate did not make the claim perpetually enforceable through insolvency proceedings.

Issues

  1. Whether continued non-payment prevented limitation from running against the insolvency application.
  2. Whether the continuing-wrong argument saved the application filed long after the recovery certificate.

Provisions considered

Held

Result

The appeal was allowed and the NCLT and NCLAT orders admitting and sustaining the insolvency application were set aside. No costs were ordered.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 75.