seat court on 10.05.2016, when the
Federal Court of Malaysia rejected the application of the Government of India
seeking leave to appeal ... application.
The application for enforcement / execution was filed by the Respondent-
Claimants under Sections 47 and 49 of the 1996 Act, which was a composite
view of that fact, an application may be presented within the period of limitation for presenting such an application and this is attracted ... which was paused before the Court appears to be whether a composite application for leave to appeal and the memo of appeal could be filed
these banks filed a composite application. In OA No.1930 of
2014, the proceeding brought by State Bank of Bikaner and
Jaipur, recovery certificate ... maintainability of the application out of which this appeal
arises on the ground of the application being barred under
limitation. The application with respect
High Court. Since no separate application for leave to appeal under Sub-section (3) is required, there would be composite petition for leave ... Code together. In Sub-section (4), application is required and for making such application the period of limitation is provided in Sub-section
with reference to the application for passing a final decree/but in this case a composite decree was passed. But the same principle equally applies ... XXXIV Rule 7 has no application to a case of a usufructuary mortgage.
17. The contention that the present application seeking for extension of time
barred and, hence, the application under Section 31A of
the Act was well within limitation. In his contention the composite
decree in the present case ... decree holder-Bank
to apply for an application under the said provision of law but such an
application could only be filed within three years
happened then the defendant No.5 will be entitled to file an application for passing of the final decree. As regards costs to the other ... being made.In respect of the mortgage of the plaintiffs, the composite decree is passed as above and if no recovery is made, then
case, Annexure-A2, decree cannot
be executed and further that application filed by petitioner seeking permission to
deposit mortgage money and for re-assessment ... filed beyond three years of Annexure-A2 (dated
31.08.2000) and hence that application and execution petition are barred by
CRP No.675/2009
2
limitation under
principles of substantial law and cannot be permitted to have a greater application than what is explicit or implicit in them. The provisions of Section ... held not applicable to the acceptance by the Insolvency Court of the composition between the parties because it could not be said to have operated
adopt fresh proceedings and therefore drive them to one more round of composite litigation when a far more expeditious remedy is available by directing that ... respts. if the Court were to reject the present application and permit an obvious restart of the entire litigation. It is for this restricted reason
