AI Overview...
Summary of 2021 SCC Online SC 204 and Related Sources
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Applicability of Section 14 of the Limitation Act: The Supreme Court in Kalpraj Dharamshi vs. Kotak Investment Advisors Limited (2021 SCC Online SC 204) clarified that Section 14, which deals with the extension of limitation in case of ongoing proceedings, applies to appeals under Section 61(1) of the Insolvency and Bankruptcy Code (IBC). The Court emphasized that the power to condone delay is limited and requires showing sufficient cause within the prescribed period [ref: Ngaitlang Dhar VS Panna Pragati Infrastructure Private Limited - Supreme Court, V Nagarajan VS SKS Ispat and Power Ltd. - Supreme Court].
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Jurisdictional Principles: The Court reiterated that non-exercise of jurisdiction under Article 226 is generally a rule of self-restraint, and courts should exercise jurisdiction sparingly, especially in insolvency matters [ref: Tharakan Web Innovations Pvt. Ltd. , Represented By Its Director Mr. Shameem Palykandy Jaleel VS National Company Law Tribunal Kochi Bench - Kerala].
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Corporate Insolvency and Moratorium: The judgment discusses the corporate insolvency resolution process and the moratorium's effect on proceedings against corporate entities or their guarantors. The broad interpretation of Section 14 was upheld, indicating that proceedings or actions against sureties or guarantors are barred during the moratorium period unless explicitly permitted [ref: Ngaitlang Dhar VS Panna Pragati Infrastructure Private Limited - Supreme Court, GHANASHYAM MISHRA AND SONS PRIVATE LIMITED THROUGH THE AUTHORIZED SIGNATORY VS EDELWEISS ASSET RECONSTRUCTION COMPANY LIMITED THROUGH THE DIRECTOR - Supreme Court].
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Contempt Proceedings and Enforcement: In Ramesh Narang & others (2021 SCC Online SC 29), the Court distinguished contempt proceedings from execution proceedings under civil law, highlighting that contempt is a sui generis proceeding with specific procedural safeguards [ref: Shurbir Singh, I. A. S. , The Secretary to Government (Excise), Govt. of Puducherry, Chief Secretariat, Puducherry VS V. Gomathi - Madras].
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Judicial Restraint and Self-Restraint in Interventions: The Court stressed the importance of judicial restraint in exercising jurisdiction under Article 226, especially concerning ongoing insolvency or corporate matters, aligning with principles from previous judgments [ref: Tharakan Web Innovations Pvt. Ltd. , Represented By Its Director Mr. Shameem Palykandy Jaleel VS National Company Law Tribunal Kochi Bench - Kerala, Rajni Rathi VS Gajender Singh - Delhi].
Analysis and Conclusion
The core insight from SCC Online SC 204 (2021) and related cases is that the Supreme Court maintains a cautious approach towards jurisdictional exercises, emphasizing limited scope for condoning delays, especially in insolvency proceedings. The judgment reinforces that Section 14's provisions extend to appeals under the IBC, providing a safeguard against premature bar of claims during the moratorium. Additionally, the Court underscores the importance of judicial restraint, ensuring that proceedings are conducted within the appropriate legal framework without overreach.
References: - Kalpraj Dharamshi vs. Kotak Investment Advisors Limited, 2021 SCC Online SC 204 - Ramesh Narang & others, SCC Online SC 29 - Intec Capital Limited, SCC Online SC 473 - Satish Raj Deswal, SCC Online SC 166
Search Results for "2021 Sc Online Sc 204"
2022 1 Supreme 401 • India - Supreme Court
L.NAGESWARA RAO, B.R.GAVAI
Kotak Investment Advisors Limited and Another, (2021) SCC Online SC 204 (v) Ghanashyam Mishra and Sons Private Limited through the Authorized Signatory vs. ... Monitoring Committee of Reliance Infratel Limited and Another, 2021 SCC Online SC 569. 18. ... Edelweiss Asset Reconstruction Company Limited through the Director and Others, (2021) 9 SCC 657 32.
2021 0 Supreme(Bom) 320 • India - Bombay
UJJAL BHUYAN, MADHAV J.JAMDAR
Corona Remedies Private Limited, 2014 SCC OnLine Bom 1064; and 3. Kalpraj Dharamshi Vs. Kotak Investment Advisors Limited, 2021 SCC OnLine SC 204. 15. ... Collector, (2008) SCC Online Bom.1067. 12. Mr. ... Respondent Nos.1 and 2 have also filed reply affidavit to the writ petition very recently on 18.02.2021 through Ramchandra K. Dhanawade, Deputy Secretary to Government of Maharashtra in the Housing Department. ... Regarding the status of construction as on 22.07.2021#HL_EN....
2023 0 Supreme(Pat) 115 • India - Patna
SANJEEV PRAKASH SHARMA
, (2010) 12 SCC 204, (1996) 3 SCC 283, (2021) 4 SCC 542, (2021) SCC Online SC 1329, (2010) 7 SCC 234 – Referred. ... (2021)4 SSC 542, (2007) 785, (2021) 4 SSC 542, 2013 SCC Online Raj 227, 2005 (9) SCC 779, (2022) 11 SCC 79 ... Pinki Asati reported in (2021) SCC Online SC 1329, the Supreme Court in its judgment in Bharat Sanchar Nigam Limited (supra) held as under: – “11. ... State of U.P., reported in (2021) 4 S....
2022 0 Supreme(Ker) 53 • India - Kerala
T.R.RAVI
Kotak Investment Advisors Ltd., (2021) 10 SCC 401 : 2021 SCC OnLine SC 204], that non-exercise of jurisdiction under Article 226 is a rule of self-restraint. ... The order of the National Company Law Appellate Tribunal, Principal Bench, New Delhi in Company Appeal (AT) (Ins) No.813 of 2021 was placed before the Court in which the order Ext.P9 was also considered. ... (Monitoring Committee) reported in [(2021) 10 SCC 623]. The corporate insolvency resolution process gets triggered the m....
2021 7 Supreme 443 • India - Supreme Court
D.Y.CHANDRACHUD, VIKRAM NATH, BV NAGARATHNA
Kotak Investment Advisors Ltd., 2021 SCC OnLine SC 204 in considering the applicability of Section 14 of the Limitation Act to the reckoning of limitation for an appeal filed under Section 61(1) of the IBC. 11. ... Amit Gupta, (2021) SCC OnLine 194, para 71]. The power to condone delay is tightly circumscribed and conditional upon showing sufficient cause, even within the period of delay which is capable of being condoned. ... Upper Assam Plywood Products (P) Ltd., 2019 SCC OnLine NCLT....
2021 0 Supreme(Mad) 2104 • India - Madras
P.N.PRAKASH, R.N.MANJULA
Ramesh Narang & others, (2021 SCC Online SC 29) in paragraphs 79 & 82 as below:- ...... “79. It can thus be seen, that this Court has held, that the contempt proceeding is not like an execution proceeding under the Code of Civil Procedure. ... SCC Online SC 29 (2014) 16 SCC 204 ... The operative portion of the order passed by the learned single Judge in Contempt Petition No.609 of 2020 dated 16.06.2021 reads as under:- “14. ...... 19. ... (Heard through Video Conferencing) (Prayer:- This....
2021 4 Supreme 145 • India - Supreme Court
ROHINTON FALI NARIMAN, B.R.GAVAI, HRISHIKESH ROY
Kotak Investment Advisors Limited and Another, 2021 SCC OnLine SC 204. 32. Mr. ... Dandayuthapani Chettiar, 1928 SCC OnLine Mad 236 : AIR 1928 Mad 1262] ). ... Ramakrishnan, 2018 SCC OnLine Nclat 384] , Nclat took a broad interpretation of Section 14 and held that it would bar proceedings or actions against sureties. ... SBI, 2017 SCC OnLine All 2717 : (2018) 2 All LJ 769 : (2017) 9 ADJ 723] , by applying moratorium to enforcement of guarantee against personal guarantor to the debt. ......
2021 0 Supreme(Del) 648 • India - Delhi
SURESH KUMAR KAIT
Intec Capital Limited, judgment dated 09.09.2021 in OMP (COMM) 204/2021; Project Director, National Highways Vs. M. Hakeem & Anr., 2021 SCC OnLine SC 473; Govind Rubber Limited Vs. Louis Dreyfus Commodities Asia Pvt. Ltd. ... Chidambranar Port Trust, 2021 SCC OnLine SC 508. 28. The contentions raised by learned senior counsel representing both the side were heard at length and the material placed on record has been perused. ... Siti Cable Networks Limited 2020 SCC #HL....
2022 0 Supreme(Del) 474 • India - Delhi
SUBRAMONIUM PRASAD
Satish Raj Deswal, (2021) 13 SCC 166 : 2020 SCC Online SC 438, wherein the celebrated judgment in Ram Kishan vs. Tarun Bajaj, (2014) 16 SCC 204 : (2015) 3 SCC (L&S) 311, has been quoted. ... Jingal Bell Amusement Park (P) Ltd. 2019 SCC Online Del. 6720], which as aforesaid, did not deal with the question regarding the monthly rent payable by the respondent but explicitly left the parties to pursue the same before the executing court. ... Tarun Bajaj, (2014) 16 SCC 204 : (2015) 3 SCC (L&S) 311. In paras ....
2022 0 Supreme(Del) 457 • India - Delhi
SUBRAMONIUM PRASAD
Satish Raj Deswal, (2021) 13 SCC 166 : 2020 SCC OnLine SC 438 wherein the celebrated judgment in Ram Kishan v. Tarun Bajaj, (2014) 16 SCC 204 : (2015) 3 SCC (L&S) 311, has been quoted. ... Narendra Nath And Anr., 2017 SCC OnLine Del 10990, has observed as under: "40. ... Satish Raj Deswal, (2021) 13 SCC 166 : 2020 SCC OnLine SC 438], SCC paras 20-21 & 25-27) “20. At the outset, we must advert to the contours delineated by this Court for initiating civil contempt action in Ram Kishan v.....
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