Axis Bank Limited v. Naren Seth & Anr.

vidhipandit.com/case/sc-2024-1-1183-1184

Supreme Court of India (SC) · decided · Vikram Nath and Satish Chandra Sharma · judgment

[2024] 1 S.C.R. 1183 : 2024 INSC 105

Headnote — Supreme Court Reports (editorial summary, not part of the judgment)

Issue for consideration

Application was filed by the applicant-appellant seeking clarification of the judgment reported in [2023] 14 SCR 581.

Reporter's headnote (continued) and case details

(M.A. No. 190 of 2024) In (Civil Appeal No. 2085 of 2022)

Headnotes Insolvency and Bankruptcy Code, 2016 – Limitation Act, 1963 – Judgment reported in [2023] 14 SCR 581, corrected to an extent – Word “unsecured creditor” referred in para 20 of the judgment to be read as “secured creditor”.

Case Law Cited Axis Bank Ltd. v. Naren Seth & Anr., [2023] 14 SCR 581 – Corrected to an extent.

List of Acts Insolvency and Bankruptcy Code, 2016; Limitation Act, 1963

List of Keywords Insolvency; Bankruptcy; Limitation; Clarification of judgment; Correction in judgment; Unsecured creditor; Secured creditor

Case Arising From

CIVIL APPELLATE JURISDICTION : Miscellaneous Application No.190 Of 2024 From the Judgment and Order dated 22.09.2021 of the National Company Law Appellate Tribunal, Principal Bench, New Delhi in Company Appeal (AT) (Insolvency) No.930 of 2021.

p. 1184

Digital Supreme Court Reports

Appearances for Parties Sanjiv Sen, Sr. Adv., Ujjal Banerjee, Akash Khurana, Advs. for the Appellant. Ms. Neha Sharma, Surya Prakash, Ms. Megha Karnwal, Arjun Bhatia, Devesh Dubey, Ms. Mahima Kapur, Ms. Divya Singh Pundir, Vikas Mehta, Advs. for the Respondents.

Judgment

Judgment / Order of the Supreme Court Order Delay condoned.

22. This application is filed by the applicant- appellant seeking clarification of the judgment dated 12.09.2023 passed in Civil Appeal No.2085 of 2022.

33. Heard learned counsel for the parties.

44. The word “unsecured creditor” referred to in paragraph 20 of the judgment be now read as “secured creditor”.

55. Judgment dated 12.09.2023 is corrected to the above extent only.

66. Miscellaneous application is disposed of accordingly.

Headnotes prepared by: Bibhuti Bhushan Bose Result of the case: M.A. disposed of.

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