2020-TIOLCORP-06-SC-IBC
Babulal Vardharji Gurjar Vs Veer Gurjar Aluminium Industries Pvt Ltd
Whether period of limitation for application u/s 7 of Code is governed by Article 137 of the Limitation Act and is, therefore, three years from the date when right to apply accrues - YES: SC
Whether application u/s 7 of Code in March 2018, seeking initiation of CIRP in respect of corporate debtor with specific assertion of date of default in July 2011, is barred by limitation - YES: SC
Whether Code does not indicate that period of limitation for the purpose of an application u/s 7 is to commence from the date of commencement of the Code itself - YES: SC
Whether if application made for CIRP is barred by limitation, no proceedings undertaken therein after order of admission could be of any effect - YES: SC
Whether period of limitation relating to mortgage liability can not be applied for the purpose of application u/s 7 of Code - YES : SC
- Appeal allowed: SUPREME COURT OF INDIA
2020-TIOLCORP-34-HC-DEL-CA
Intercorp Industries Ltd Vs Registrar Of Companies
Whether criminal complaint filed on basis of Inspection Report should be acted upon when neither contents of Inspection Report are reproduced in the complaint nor the same is filed along with the complaint - NO : HC
- Order passes in favour of petitioner: DELHI HIGH COURT |