Web16 Apr 2024 · Justice Nariman in his judgement referred to recent judgements of the apex court in Sesh Nath Singh v. Baidyabati Sheoraphuli Co-operative Bank Ltd., 2024 and Laxmi Pat Surana v. Union Bank of India, 2024 which laid down that Section 18 of the Limitation Act, 1963 applies to IBC proceedings. Web5 Apr 2024 · Baidyabati Sheoraphuli Coop. Bank Ltd. was whether a financial creditor could have initiated proceedings under the Code seven years after the debt had become due, when the delay was on account of previous proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (“ …
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE …
Web9 Aug 2024 · 4. Further, placing reliance on Sesh Nath Singh and Anr. v. Baidyabati Sheoraphuli Cooperative Bank Ltd. And Ors [1]., Laxmi Pat Surana v. Union Bank of India and Ors. [2] and Asset Reconstruction Company (India) Limited. v. Bishal Jaiswal and Ors. [3] it was argued that Section 18 of the Limitation Act applied to proceedings under the IBC. Web1 Apr 2024 · PARTIES. Sesh Nath Singh & anr. (Appellant) Baidyabati Sheoraphuli Co-operative Bank ltd & anr. (Respondent) SUMMARY: The following judgement given by the … chaine konig xg 12 pro 252
Between the Lines Supreme Court: The provisions of the
WebThe question of whether section18 of the limitation act was applicable under section 238A of IBC is no longer "res integra " as seen in previous judgements of Sesh Nath Sigh v. Baidyabati Sheoraphuli Co-operative Bank Ltd. and Laxmi Pat Surana v. Union of India. Section 238 A to Insolvency and Bankruptcy Code, 2016 reads as follows:. Web3 May 2024 · Baidyabati Sheoraphuli Co-operative Bank Ltd. and another [1] (hereinafter referred to as "Sesh Nath"), the Supreme Court, while recently hearing an appeal under … Web25 Sep 2024 · The Supreme Court cited Sesh Nath Singh v. Baidyabati Sheoraphuli Cooperative Bank Ltd. to emphasise that the IBC does not exclude the use of the Limitation Act. As a result, there was no reason to believe that Section 18 of the Limitation Act would not apply to IBC Sections 7 and 9. chaine konig xg 12 pro 247