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2020 (8) TMI 870

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..... t in B.K. Educational Services Pvt. Ltd. Vs. Parag Gupta and Associates [2018 (10) TMI 777 - SUPREME COURT] where it was held that The right to sue therefore, accrues when a default occurs. If the default has occurred over three years prior to the date of filing the application, the application would be barred under Article 137 of the Limitation Act, save and except in those cases where, in the f .....

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..... d as CP (1B) No. 4202/MB/2018. After the constitution of this Bench, the same was transferred and re-numbered as TP No. 202/CTB/2019. 2. The applicant submits that in October, 1 996, the State Bank of India sanctioned various financial facilities to the Corporate Debtor. The Corporate Debtor executed various documents in favour of the State Bank of India and availed the credit facilities. The C .....

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..... 0 on 23.10.2002. The matter is pending on file of Recovery Officer, DR T, Jabalpur. 4. The Hon'ble Apex Court in B.K. Educational Services Pvt. Ltd. Vs. Parag Gupta and Associates (2018 SCC Online SC 1921) had held that: - 27. It is thus clear that since the Limitation Act is applicable to applications filed under Sections 7 and 9 of the Code from the inception of the Code, Article 137 .....

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