VidhiSangh

Supreme Court of India · 04/08/2021

DENA BANK (NOW BANK OF BARODA) versus C. SHIVAKUMAR REDDY AND ANR.

[2021] 8 S.C.R. 1061 · 2021 INSC 380

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Summary

The Court restored admission of Dena Bank’s insolvency application, rejecting the conclusion that it was time barred merely because the loan account became non-performing in 2013. Timely acknowledgments could restart limitation, while the 2017 DRT adjudication and recovery certificate independently supplied a fresh cause of action. The NCLT could consider additional documents and supporting amendments allowed before its final decision. The NCLAT’s contrary order was set aside.

Issues

  1. Whether acknowledgments and a DRT recovery certificate made the Section 7 application timely.
  2. Whether the NCLT could permit additional documents and amendments before deciding admission.

Provisions considered

Held

Result

Appeal allowed; NCLAT order set aside, leaving the NCLT’s admission of the Section 7 application restored.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 1061.