Supreme Court of India

Vashdeo R Bhojwani v. Abhyudaya Co-operative Bank Ltd & Anr.

Neutral citation

Reported as [2019] 12 S.C.R. 75

Bench R. F. Nariman and Sur Ya Kant JJ.

Decided 2 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.

10 Supreme Court benches have cited this judgment.

From the headnote

Limitation Act, 1963: s.23 and Article 137 – Applicability of the Limitation Act – T o the application u/s.7 of Insolvency and Bankruptcy Code, 2016 – It was held in the impugned or der that as the default continued, no period of limitation would be attracted – Appeal to Supr eme Cour t – Held: Limitation Act is applicable to the applications filed u/s.7 – Petition u/s. 7 filed after 3 years fr om the date of default, would be barred u/Ar t. 137 of the Limitation Act – The limitation would not be saved by virtue of s.23 of the Limitation Act – Appeal allowed – Insolvency and Bankruptcy Code,

Authorities it was built on

1959 Balkrishna Savalram Pujari and Others v. Shree Dnyaneshwar Maharaj Sansthan & Others cited by 7

Where later benches applied it

2020 Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt. Ltd. & Anr. relied on
2023 Tottempudi Salalith v. State Bank of India & Ors. referred to
2022 Punjab National Bank v. Mr. Vijay Sitaram Dandnaik & Anr. 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 Asset Reconstruction Company (india) Limited v. Bishal Jaiswal & Anr. referred to
2021 Laxmi Pat Surana v. Union Bank of India & Anr. referred to
2021 M/s. Reliance Asset Reconstruction Company Ltd. v. M/s Hotel Poonja International Pvt. Ltd. referred to
2020 M/s. Radha Exports (india) Pvt. Limited v. K.P. Jayaram & Anr. referred to

Of those, 1 relied on · 9 referred to

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