VidhiSangh

Supreme Court of India · 18/09/2019

GAURAV HARGOVINDBHAI DAVE versus ASSET RECONSTRUCTION COMPANY (INDIA) LTD. & ANR.

[2019] 13 S.C.R. 224 · 2019 INSC 1051

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Summary

A creditor’s insolvency application identified a July 2011 default but was filed in October 2017. The tribunals treated it as timely by applying mortgage-suit limitation or counting from commencement of the Insolvency and Bankruptcy Code. The Court rejected both approaches: the application attracted the residuary three-year period from default, and the Code did not revive time-barred debts. The admission orders were set aside.

Issues

  1. Whether Article 62 or Article 137 governed this section 7 insolvency application.
  2. Whether commencement of the Code or a commercial interpretation revived the expired period.

Provisions considered

Held

Result

The appeal was allowed and the NCLT and NCLAT judgments admitting and sustaining the section 7 application were set aside.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 224.