Supreme Court of India

Gaurav Hargovindbhai Dave v. Asset Reconstruction Company (india) Ltd. & Anr.

Neutral citation

Reported as [2019] 13 S.C.R. 224

Bench R. F. Nariman, R. Subhash Reddy and Surya Kant JJ.

Decided 18 September 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

From the headnote

Limitation Act, 1963: Articles 62 and 137 – Applicability of – To application u/s. 7 of Insolvency and Bankruptcy Code – Admission of application u/s. 7 applying Art. 62 – Held: Art. 62 is applicable to only suits – An application u/s. 7 would fall within the residuary Art. 137 – Applying Art. 137, in the facts of the present case, application u/s. 7 is time-barred – There is no equity about limitation – It is not open to the court to interpret Articles of Limitation Act, when applicability of a particular Article is clear. Allowing the appeal, the Court HELD: 1. Article 62 of the Limitation

Where later benches applied it

2021 Sesh Nath Singh & Anr. v. Baidyabati Sheoraphuli Co-operative Bank Ltd. and Anr. relied on
2020 Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt. Ltd. & Anr. relied on
2025 Il & Fs Financial Services Limited v. Adhunik Meghalaya Steels Private Limited referred to
2023 Tottempudi Salalith v. State Bank of India & Ors. referred to
2022 Kotak Mahindra Bank Limited v. Kew Precision Parts Private Limited & Ors. referred to
2022 Asset Reconstruction Company (india) Limited v. Tulip Star Hotels Limited & Ors. referred to
2022 Kotak Mahindra Bank Limited v. A. Balakrishnan & Anr. referred to
2021 Dena Bank (now Bank of Baroda) v. C. Shivakumar Reddy and Anr. referred to
2021 Laxmi Pat Surana v. Union Bank of India & Anr. distinguished

Of those, 2 relied on · 1 distinguished · 6 referred to

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