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1 - 10 of 17 (0.62 seconds)Section 5 in The Limitation Act, 1963 [Entire Act]
Dena Bank (Now Bank Of Baroda) vs C. Shivakumar Reddy on 4 August, 2021
85. We further find that the view taken by the two-Judge Bench of
this Court in the case of Dena Bank (supra) is correct in law and we
affirm the same. We further find that in the facts of the present case,
the application under Section 7 of the IBC was filed within a period
of three years from the date on which the Recovery Certificate was
issued. As such, the application under section 7 of the IBC was
within limitation and the learned NCLAT has erred in holding that
it is barred by limitation."
Kotak Mahindra Bank Ltd. vs A. Balakrishnan on 30 May, 2022
Kotak Mahindra Bank Limited (Supra):
Article 137 in Constitution of India [Constitution]
The Limitation Act, 1963
Ashok Agarwal vs Amitex Polymers Pvt Ltd on 5 February, 2021
15. With regard to point in 12(a) (b), the appellant has cited 3 Judgments of
NCLAT, namely Judgment dated 05.02.2021 in the matter of Ashok Agarwal
Vs Amitex Polymers in CA(AT) (Ins) No.608/2020, Judgment dated
12.03.2020 in the matter of Ishrat Ali Vs Cosmos Cooperative Bank Ltd. in
CA (AT) (Ins) 1121 of 2019 and Judgment dated 14.08.2020.
Akram Khan vs Bank Of India Ltd. & Ors on 19 December, 2019
18. With regard to point 13(e) the Appellant avers that the FC / Decree holder
used the provisions of IBC for recovery of its dues and not for resolution
of insolvency and cites the Judgment dated 19.12.2019 of NCLAT in the
matter of Akram Khan Vs Bank of India & Anr., in CA (AT) (Ins)
No.1092/2019. This argument comes to rest with the ruling of the Hon'ble
Supreme Court where it is laid down that;
Sushil Ansal vs Ashok Tripathi & Ors on 14 August, 2020
In the matter
of Sushil Ansal Vs Ashok Tripathy & Ors. in CA(AT) (Ins) No.452/2020. In
all these Judgments, NCLAT has taken the view that a Financial Creditor does
not include the Decree holder within the definition of section 5(7) of IBC,
2016 and that the claimed amount is an adjudicated amount under a decree
and not against a debt disbursed.
Ishrat Ali vs Cosmos Co-Op Bank Ltd & Anr on 24 May, 2022
15. With regard to point in 12(a) (b), the appellant has cited 3 Judgments of
NCLAT, namely Judgment dated 05.02.2021 in the matter of Ashok Agarwal
Vs Amitex Polymers in CA(AT) (Ins) No.608/2020, Judgment dated
12.03.2020 in the matter of Ishrat Ali Vs Cosmos Cooperative Bank Ltd. in
CA (AT) (Ins) 1121 of 2019 and Judgment dated 14.08.2020.