VidhiSangh

Supreme Court of India · 30/09/2021

RAJENDRA NAROTTAMDAS SHETH & ANR. versus CHANDRA PRAKASH JAIN & ANR.

[2021] 7 S.C.R. 838 · 2021 INSC 579

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Summary

The Court upheld admission of the bank’s insolvency application. A broadly authorised bank officer could file it even though his authority was expressed through a pre-Code power of attorney. The bank bore the burden of showing a legally recoverable debt within limitation, but the Tribunal could also consider acknowledgments produced by the corporate debtor. Those documents supported extension under Section 18 of the Limitation Act. The Court preserved the creditor’s pleading and proof obligations and dismissed the suspended directors’ appeal.

Issues

  1. Whether a bank officer authorised by a pre-Code power of attorney could file an insolvency application.
  2. Whether acknowledgments placed on record by the corporate debtor could establish that the application was within limitation despite deficiencies in the creditor’s initial case.

Provisions considered

Held

Result

Appeal dismissed; admission of the financial creditor’s Section 7 application upheld.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 838.