Supreme Court of India

Sagar Sharma & Anr. v. Phoenix Arc Pvt. Ltd. & Anr.

Neutral citation
Reported as [2019] 14 S.C.R. 974
Bench R. F. Nariman and V. Ramasubramanian JJ.
Decided 30 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.

1 Supreme Court bench has cited this judgment.

From the headnote

Insolvency and Bankruptcy Code: s.7 – Limitation – An application under s.7 of the Code does not purport to be an application to enfor ce any mor tgage liability – It is an application made by a financial cr editor stating that a default, as defined under the Code, has been made, which default amounts to Rs. 1,00,000/- or more which then triggers the application of the Code – The date of coming into for ce of the IBC Code does not and cannot form a trigger point of limitation for applications filed under the Code – Equally, since “applications” ar e petitions which ar e filed under the Code,

Where later benches applied it

Of those, 1 relied on

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