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AMICUS AI
Citation Codes
Neutral Citations
2019 INSC 1051
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Article 62, Article 137 of the Limitation Act
  • Section 7 of the Limitation Act
  • Section 7 of an unknown act
  • Article 62 of the Limitation Act
  • Section 7 of the Insolvency and Bankruptcy Code
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Cites
Cited by
Citation Codes
Neutral Citations
2019 INSC 1051
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Article 62, Article 137 of the Limitation Act
  • Section 7 of the Limitation Act
  • Section 7 of an unknown act
  • Article 62 of the Limitation Act
  • Section 7 of the Insolvency and Bankruptcy Code
Smart Summary

Factual and Procedural Background

Respondent 2’s loan account was classified as a non-performing asset (NPA) on 21 July 2011. In 2012 the State Bank of India (SBI) filed two original applications (OAs) before the Debts Recovery Tribunal (DRT) to recover about Rs 50 crore. SBI assigned the debt to Respondent 1 on 28 March 2014.

The DRT dismissed the OAs on 10 June 2016 as “not maintainable.” Respondent 1 filed Special Civil Application Nos. 10621-622 of 2016 in the Gujarat High Court, which remanded the matter. A special leave petition against that order was dismissed by the Supreme Court on 27 March 2017.

On 3 October 2017 Respondent 1 independently filed a Section 7 application under the Insolvency and Bankruptcy Code, 2016 (IBC) before the NCLT, claiming about Rs 124 crore. The date of default in Form-I was shown as 21 July 2011.

The NCLT applied Article 62 of the Limitation Act (12-year period for enforcing mortgage debt) and admitted the application. The NCLAT, relying on its own earlier decisions, held that limitation began on 1 December 2016 (when the IBC came into force) and dismissed the appeal. The creditor (now appellant) then approached the Supreme Court.

Legal Issues Presented

  1. Does a Section 7 application under the IBC fall under Article 62 or the residuary Article 137 of the Limitation Act, 1963?
  2. If Article 137 applies, did the limitation period commence on 21 July 2011 (date of default) or on 1 December 2016 (effective date of the IBC), and is the 3 October 2017 application time-barred?

Arguments of the Parties

Appellant’s Arguments

  • Article 137 governs “applications” and therefore applies to Section 7 IBC petitions, imposing a three-year limitation period.
  • The period began on 21 July 2011 (date of NPA); thus limitation expired in July 2014, rendering the 2017 application time-barred.
  • Cited B.K. Educational Services (P) Ltd. v. Parag Gupta and Associates, (2019) 11 SCC 633, which applied Article 137 to IBC proceedings.

Respondents’ Arguments

  • Article 62 applies because the debt is secured by a mortgage, giving a 12-year limitation period.
  • Under NCLAT precedent, limitation for IBC actions starts only on 1 December 2016, making the 2017 filing timely.
  • Invoked para 11 of B.K. Educational Services and urged a “commercial” interpretation to keep the Code effective.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
B.K. Educational Services (P) Ltd. v. Parag Gupta and Associates, (2019) 11 SCC 633 Article 137 applies to IBC applications; the Code cannot revive time-barred debts. Relied upon to conclude that Article 137 governs Section 7 petitions; limitation started on 21 July 2011.
NCLAT decision, 2019 SCC OnLine NCLAT 572 Limitation for IBC claims starts on 1 December 2016. Rejected by the Supreme Court as erroneous.
Impugned NCLAT judgment, 2019 SCC OnLine NCLAT 329 Applied the above NCLAT precedent to uphold the Section 7 admission. Set aside by the Supreme Court.

Court’s Reasoning and Analysis

The Court held that Article 62 of the Limitation Act applies exclusively to “suits” for enforcing mortgage securities, not to “applications” under the IBC. Section 7 filings are covered by the residuary Article 137, which prescribes a three-year limitation period.

As the right to sue accrued on 21 July 2011 (NPA date), the limitation period expired in July 2014. Consequently, the Section 7 application filed on 3 October 2017 was time-barred.

The Court observed that para 11 of B.K. Educational Services actually supports the appellant’s case: the IBC was never intended to revive stale claims. It further stated that courts cannot stretch limitation periods on “commercial” considerations; limitation provisions, even if arbitrary, must be applied strictly.

Holding and Implications

Appeal Allowed—orders of the NCLT and NCLAT are set aside.

The Section 7 application is dismissed as barred by limitation. The ruling confirms that Article 137 governs limitation for IBC applications and that the IBC cannot be used to resurrect debts already time-barred. While the decision primarily affects the parties, it adds authoritative clarity for future insolvency proceedings.

    Gaurav Hargovindbhai Dave v. Asset Reconstruction Company (India) Limited And Another

    Rohinton Fali Nariman, J.— In the present case, Respondent 2 was declared NPA on 21-7-2011. At that point of time, State Bank of India filed two OAs in the Debts Recovery Tribunal in 2012 in order to recover a total debt of 50 crores of rupees. In the meanwhile, by an assignment dated 28-3-2014, State Bank of India assigned the aforesaid debt to Respondent 1. The Debts Recovery Tribunal proceedings reached judgment on 10-6-2016, the Tribunal holding that the OAs filed before it were not maintainable for the reasons given therein.

    2. As against the aforesaid judgment, Special Civil Application Nos. 10621-622 were filed before the Gujarat High Court SCA No. 10621 of 2016 which resulted in the High Court remanding the aforesaid matter. From this order, a special leave petition was dismissed on 27-3-2017 2017 SCC OnLine SC 1920.

    3. An independent proceeding was then begun by Respondent 1 on 3-10-2017 being in the form of a Section 7 application filed under the Insolvency and Bankruptcy Code in order to recover the original debt together with interest which now amounted to about 124 crores of rupees. In Form-I that has statutorily to be annexed to the Section 7 application in Column II which was the date on which default occurred, the date of the NPA i.e. 21-7-2011 was filled up. The NCLT applied Article 62 of the Limitation Act which reads as follows:

    “Description of suit Period of limitation Time from which period begins to run 62. To enforce payment of money secured by a mortgage or otherwise charged upon immovable property Twelve years When the money sued for becomes due.”

    Applying the aforesaid Article, the NCLT reached the conclusion that since the limitation period was 12 years from the date on which the money suit has become due, the aforesaid claim was filed within limitation and hence admitted the Section 7 application. The Nclat vide the impugned judgment 2019 SCC OnLine NCLAT 329 held, following its earlier judgments 2019 SCC OnLine NCLAT 572, that the time of limitation would begin running for the purposes of limitation only on and from 1-12-2016 which is the date on which the Insolvency and Bankruptcy Code was brought into force. Consequently, it dismissed the appeal.

    4. Mr Aditya Parolia, learned counsel appearing on behalf of the appellant has argued that Article 137 being a residuary article would apply on the facts of this case, and as right to sue accrued only on and from 21-7-2011, three years having elapsed since then in 2014, the Section 7 application filed in 2017 is clearly out of time. He has also referred to our judgment in B.K. Educational Services (P) Ltd. v. Parag Gupta and Associates (2019) 11 SCC 633 in order to buttress his argument that it is Article 137 of the Limitation Act which will apply to the facts of this case.

    5. Mr Debal Banerjee, learned Senior Counsel, appearing on behalf of the respondents, countered this by stressing, in particular, para 11 of B.K. Educational Services (P) Ltd. (2019) 11 SCC 633 and reiterated the finding of the NCLT that it would be Article 62 of the Limitation Act that would be attracted to the facts of this case. He further argued that, being a commercial Code, a commercial interpretation has to be given so as to make the Code workable.

    6. Having heard the learned counsel for both sides, what is apparent is that Article 62 is out of the way on the ground that it would only apply to suits. The present case being “an application” which is filed under Section 7, would fall only within the residuary Article 137. As rightly pointed out by the learned counsel appearing on behalf of the appellant, time, therefore, begins to run on 21-7-2011, as a result of which the application filed under Section 7 would clearly be time-barred. So far as Mr Banerjee's reliance on para 11 of B.K. Educational Services (P) Ltd. (2019) 11 SCC 633, suffice it to say that the Report of the Insolvency Law Committee itself stated that the intent of the Code could not have been to give a new lease of life to debts which are already time-barred.

    7. This being the case, we fail to see how this para could possibly help the case of the respondents. Further, it is not for us to interpret, commercially or otherwise, articles of the Limitation Act when it is clear that a particular article gets attracted. It is well settled that there is no equity about limitation - judgments have stated that often time periods provided by the Limitation Act can be arbitrary in nature.

    8. This being the case, the appeal is allowed and the judgments of the NCLT and Nclat 2019 SCC OnLine NCLAT 329 are set aside.

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    Comments

    Gaurav Hargovindbhai Dave v. Asset Reconstruction Company (India) Limited And Another
    (Sep 18, 2019)