SC Rules on Applicability of Limitation Act on IBC

The Supreme Court (‘SC’) in the case of Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt. Ltd.[1] while upholding its judgement of B.K. Educational Services v. Paras Gupta & Associates[2], has held that the three year period of limitation from the date of default for an application for initiation of the corporate insolvency resolution process (‘CIRP’) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) is only extendable under Section 5 of the Limitation Act, 1963, if an appropriate case for condonation of delay is made out. SC further observed that while ‘date of acknowledgement of debt’ may extend the limitation as per Section 18 of the Limitation Act, 1963 the same is only relevant for recovery suits and is not applicable for initiation of CIRP under the IBC.

 

[1] Babulal Vardharji Gurjar v. Veer Gurjar Aluminium Industries Pvt. Ltd., 2020 SCC OnLine SC 647.

[2] B.K. Educational Services v. Paras Gupta & Associates, AIR 2018 SC 5601.

Published In:Inter Alia - Quarterly Edition - September 2020 [ English
Date: September 30, 2020