Sesh Nath Singh Vs. Baidyabati Sheoraphuli Co Operative Bank Limited

Decided On : Mar-22-2021

Court : Supreme Court of India

LAW: Section 62, Bankruptcy Code 2016, Section 7, Section 13(4, Section 13(2, Section 13(2, the SARFAESI Act, Section 13(4)(a, the SARFAESI Act, Article 226 of the Constitution of India, Section 13(4, the SARFAESI Act, the SARFAESI Act, the SARFAESI Act, Section 7, the SARFAESI Act, Section 7, Section 7, Section 14, the Kolkata Bench, Section 61, Section 7, the SARFAESI Act, Section 14(2, the Limitation Act, Section 7, Section 7, the Demand Notice under Section 13(2, Section 13(4, Section 13(4, the SARFAESI Act, Section 13(2, the SARFAESI Act, the SARFAESI Act, the SARFAESI Act, Section 7, Section 7, Section 7, Section 14, the Limitation Act, the SARFAESI Act.25, Section 13(2)or Section 13(4, Section 14(2, the Limitation Act, Section 7, Section 14(2, Section 7, Section 84, Section 13(4, Section 7, Section 7, Section 5, the Limitation Act, Section 7, Section 7, Section 14, the Limitation Act, Section 14, the Limitation Act, the Limitation Act, Section 14(2, the Limitation Act, Section 14, the Limitation Act, the SARFAESI Act, the Companies Act, the Companies Act, the Companies Act, Section 6, Chapter II, Section 7, Section 21, Bankruptcy Code (Amendment) Act, Section 7, Section 7, Section 4).40, Section 9, Section 7 and Section 9, Section 9(5)(2)(d, Section 7, Section 9, Section 8, Section 8, Section 9(5)(i)(d, The Limitation Act, The Limitation Act, the Limitation Act, the Representation of People Act, Article 137 of the Limitation Act, the Limitation Act, Section 37, the Arbitration Act, the Indian Limitation Act, the Companies Act, the Limitation Act, Section 238A, Bankruptcy Code, Act 26 of, the Limitation Act, Section 238A, the Limitation Act, the Limitation Act, Article 137 of the Schedule, the Limitation Act, Article 137 of the Schedule, the Limitation Act, Section 7 or, Section 7, Article 137.53, Section 5 of the Limitation Act, Section 5, the Limitation Act, Article 137 of the Limitation Act, Article 137 of the Limitation Act, Section 5, the Limitation Act, Section 7, Article 137 of the Limitation Act, Section 5, SCC123 57, Section 7, Section 5, the Limitation Act, Section 14, the Limitation Act, Section 7, Section 14, the Limitation Act, Section 5, the Limitation Act, Section 5, the Limitation Act, Section 5, the Limitation Act, Section 5, the Limitation Act, Section 5, the Limitation Act, Section 5, Section 5, Section 5, the Limitation Act, Section 238A, the Limitation Act, the Limitation Act, Section 18, the Limitation Act, Section 238A, the Limitation Act, Section 6, the Limitation Act, the Limitation Act, Section 14, the Limitation Act, Section 7 or Section 9, Section 18, the Limitation Act, Section 7, Section 18, the Limitation Act, Section 14, the Limitation Act, Section 14, the Limitation Act, Section 34, Section 43, the Limitation Act, Section 14, the Limitation Act, Section 5, Section 14, the Limitation Act, Section 14, the Limitation Act, Section 34, Section 34, the Limitation Act, Section 3, the Limitation Act, Section 34 of the Act, Section 5, the Limitation Act, Section 5, the Limitation Act, Section 29(2, the Limitation Act, Section 5, the Limitation Act, Section 34, Section 14, the Limitation Act, Section 34, Section 14, the Limitation Act, Section 14, Section 14, the Limitation Act, Section 14, Section 14 of the Act, Section 34, Section 14, Section 14, the Limitation Act, Section 34, the AC Act, the AC Act, Section 5, the Limitation Act, Section 5 of the Limitation Act, Section 34, the AC Act, Section 5, the Limitation Act, Section 5, Section 14, the Limitation Act, Section 14, Section 14, Section 7, Section 14, the SARFAESI Act, Section 14, Section 14, the SARFAESI Act, Section 14, the Limitation Act, Section 14, Section 14, Section 14, the Limitation Act, the SARFAESI Act, Section 14, the Limitation Act, Section 14, Section 14, Section 14, Section 14, Section 7, Section 7, Section 14, Section 14, Section 14, the SARFAESI Act, Section 7, the SARFAESI Act.86, Section 13(2, Section 7, Section 7, the SARFAESI Act, the SARFAESI Act, Section 7, Section 13(2, the SARFAESI Act, Section 7, Section 7 or, Section 7, Section 9, the Limitation Act, Section 14, the Limitation Act, the Arbitration Act, the Limitation Act, Section 238A, the Limitation Act, the Limitation Act, the Limitation Act, the Limitation Act, Section 238A, the Limitation Act, Section 14, the Limitation Act, Section 7 or, Section 14, the SARFAESI Act, the Constitution Bench, Constitution, the SARFAESI Act, the SARFAESI Act, Section 13, the SARFAESI Act, the SARFAESI Act, section 13, section 13, section 14, section 13, Chapter, section 13, section 13, section 13, section 13, section 13, section 13, section 13, section 17, Section 14, the SARFAESI Act, the SARFAESI Act, the SARFAESI Act, Section 13(4, Section 18, the SARFAESI Act, the SARFAESI Act, Section 14, the Limitation Act, Section 238A, the Limitation Act, the Limitation Act, Section 5 and Section 14, the Limitation Act, Section 14, Section 14, Section 5, the Limitation Act

CARDINAL: 1, 2, One, 2012.4, 28.09.2013, 15, 4, 2014, 13(4, 512, one, 6, 719, 8, 21, 2017.24, two, 1, 1, 4221, 12, 1, 2013.34, 272, 434, 439, 13, 7, 6-A, less than one hundred, less than, less than one hundred, less than, 2, 1, 3, 4, 2, 3, 5, 15, 5, 2, 2, 5, 6, 5, 5, 5, three, 3, 1, one, 17, 9, 1, 2, 2, 1, 3, 18, 4, 5, 2, 2, 4, 2, 6, 5, three, 4, 2, 238A., 21, 9, 6, 6, 10, 42, 9, 10, 15, 10, 1, 26, 14, 1, 2, 27, 14, 18, 18, 2, three, 19, 3, 14, 6, 8, 7, 2, 24, 3, 1996.21, 1, 2, 3, 4, 5, 52, 3, 3, 32, 17, 14, 1, 2, 3, 1, 2, 3, 18, 19, 1, 36, 31.3.2013, 37, three, 38, 9, 18, 20, 21, 9, 41, 11, two, 14, 23, 8, 2, 4, 1A, 2, 1, 3, 4, 2, 4, 3, 4, one, 4, 1, 4, 4, 4, one, 4, 1, 2, less than twenty-five, 46, 2, 47

ORG: THE SUPREME COURT OF INDIA CIVIL, BAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD, ANR, Respondent(s, the National Company Law Appellate Tribunal, NCLAT, Appellants, the National Company Law Tribunal, NCLT, Financial Creditor, No.1202/KB/2018, Credit Facility, the Financial Creditor, the Financial Creditor, the Financial Creditor, the Financial Creditor, Credit Account, the Financial Creditor, the 3 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Act.6, the SARFAESI Act.7, the Financial Creditor, the Cash Credit Account, Financial, the Financial Creditor, Ref No, the Financial Creditor, the District Magistrate, W.P. No.33799 (W, the Financial Creditor under Section 13(2, the SARFAESI Act.10, the High Court, the Financial Creditor, the Financial Creditor, SARFAESI, the Financial Creditor, the Financial Creditor, the High Court, The High Court, a Cooperative Bank, the Writ Petition, the Financial Creditor, NCLT, the Corporate Insolvency Resolution Process (CIRP, IBC, the Writ Petition, NCLT, the Financial Creditor, the Financial Creditor, NCLT, NCLT, the Financial Creditor under Section 7 of IBC, CIRP, NCLT, NCLAT, the Financial Creditor, NCLAT, NCLAT, the Adjudicating Authority, NCLAT, NCLAT, the High Court, the Financial Creditor, the Financial Creditor, IBC, the Financial Creditor, the Financial Creditor, NCLT, IBC, the Cash Credit Account, the District Magistrate, the Cash Credit Account, the Calcutta High Court, the High Court, SARFAESI Act, Appellant, the Financial Creditor, Cosmos Cooperative Bank Limited, NCLAT, IBC, NCLAT, Appellate Court, Baidyabati Sheoraphuli Cooperative Bank Ltd., the Respondent- 'Cosmos Co-operative Bank Ltd.', Bank, Arbitration, the Multi-State Cooperative Societies Act, Bank, Bench, the 'Cosmos Co- Company Appeal, Operative Bank Limited', the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Mumbai.26, the Financial Creditor, Non-Performing Asset, IBC, NCLT, the Financial Creditor, NCLT, IBC, the High Court, the Financial Creditor, the Financial Creditor, NCLT, Court, Mobilox Innovations Private Limited v., Court, M/s. Reliance Asset Reconstruction Company Limited v. M/s. Hotel Poonja International Private, Court, Transmission Corporation of Andhra Pradesh Limited v. Equipment Conductors, Court, Mobilox Innovations Private Ltd., Court, Mobilox Innovations Private Limited v., IBC, IBC, NCLT, IBC, NCLAT, the Financial Creditor, the Financial Creditor, IBC, inter alia, IBC, the Sick Industrial Companies (Special Provisions, the Recovery of Debts, the Board of Industrial and Financial Reconstruction, Debt Recovery Tribunal, DRT, National Company Law Tribunal, NCLT, Appellate Tribunals, the High Courts, Sections 271, Sections 433, the Provincial Insolvency Act, IBC, IBC, NCLT, DRT, the Adjudicating Authorities, IBC, IBC, IBC, the Central Government, the Adjudicating Authority, the Adjudicating Authority, Board, The Adjudicating Authority, the Adjudicating Authority, the Adjudicating Authority, the Adjudicating Authority, the Adjudicating Authority, The Adjudicating Authority, the Adjudicating Authority, IBC, Court, Innoventive Industries Limited, IBC, SCC40716, Default, Innoventive Industries Limited, Court, the Adjudicating Authority, the Adjudicating Authority, the Adjudicating Authority, Court, Mobilox Innovations Private Limited, Corporate Insolvency Resolution Process, IBC, Court, Court, Court, IBC, IBC, IBC, the Adjudicating Authority, The Adjudicating Authority, Adjudicating Authority, the Adjudicating Authority, IBC, the Adjudicating Authority, Bekkam Narasimha Reddi & Ors4, Court, The Life Insurance Corporation of India, Court, Court, the Appellate Tribunal, Committee of the Ministry of Corporate Affairs, Government of India, IBC, IBC, Authority, the National Company Law Appellate Tribunal, the Debt Recovery Tribunal, the Debt Recovery Appellate, NCLT, IBC, IBC, NCLT, Schedule, apply.52, IBC, Court, Court, the High Court, B.K. Educational Services Private Limited, Court, Sections 7 and, Radha Export, K.P. Jayaram, Court, B.K. Educational Services, Parag Gupta & Associates, Gurjar, Veer Gurjar Aluminium, another9, Court, the Limitation Act.7, IBC, the Adjudicating Authority(NCLT, Court, High Courts, Court, B.K. Educational Services Private Limited, Parag Gupta Associates, Ors, NCLT/NCLAT, Ramlal Motilal, Rewa Coalfields Ltd.10, Court, Madras High Court, Court, inter alia, Shakuntla Devi Jain, State, ILR, AIR1969SC57513, Court, Court, Court, Tribunal, the Court/Tribunal, Court, Court, Explanation, Court, the Appellate Authority, NCLAT, IBC, NCLT, NCLAT, IBC, IBC, NCLT, NCLAT, IBC, the Financial Creditor, Recovery Certificate, Court, the Financial Creditor, Court, Goa v. Western Builders14, Court, Court, Court, the applicability of Section 14, this Court in Union of India v. Popular Construction Co.15, Court, Consolidated Engineering Enterprises, Irrigation Department, Court, Sections 4 to, Court, Court, Court, M.P. Housing Board and Ors, Mohanlal & Co., IBC, Court, IBC, the Financial Creditor, Sub-Sections, faith.78, Development Cane Marketing Union Ltd., Anr, Bank of Bihar, Court, provisions.80, Court, Sarathi’s Interpretation of Statutes, Swarup’s Legislation and Interpretation, Interpretation, Court, Act, Explanation, Court, IBC, IBC, the High Court, IBC, the Financial Creditor, the High Court, IBC, the High Court, NCLT, NCLT, NCLT, the High Court, An Adjudicating Authority, IBC, The Adjudicating Authority, IBC, the Insolvency Resolution Process, IBC, IBC, the Arbitration and Conciliation Act 1996, Court, NCLT, Legislature, NCLT, Legislature, IBC, Sales Tax, Court, Busching Schmitz Private Ltd., Court, AIR1977SC156940, the Adjudicating Authority, NCLT, the Appellate authority (, NCLAT, IBC, Court, IBC, an Adjudicating Authority, NCLAT, Anr.22, Court, State, the High Courts, Chartered Accountants, Court, United Bank of India, Court, Committees, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Parliament, Court, District Magistrate, the Chief Metropolitan Magistrate, the District Magistrate, the Chief Metropolitan Magistrate, District Magistrate, Bank, Bank, Financial Institution, Bank, Financial Institution, the District Magistrate, the Chief Metropolitan Magistrate, the Chief Metropolitan Magistrate, District Magistrate, District Magistrate, the Chief Metropolitan Magistrate, The District Magistrate, the Chief Metropolitan Magistrate, the District Magistrate, the Chief Metropolitan Magistrate, the Chief Metropolitan Magistrate, District Magistrate, the Debts Recovery Tribunal, the Debts Recovery Tribunal, the Debts Recovery Tribunal, the Debt Recovery Tribunal, Bank, the Debt Recovery Tribunal, Appellate Tribunal.—(1, the Debts Recovery Tribunal, Appellate Tribunal, Debts Recovery Tribunal, the Debts Recovery Tribunal, the Appellate Tribunal, Appellate Tribunal, the Recovery of Debts Due to, the Judicial Magistrate, a Civil Court/Executing Court, Court, DRT, a Civil Court, NCLT, IBC, Tribunal, NCLAT, NCLT, NCLT

PERSON: Appellant(s, Indira Banerjee, Kolkata Bench, Debi Fabtech Private Ltd.2, Schedule, Sesh Nath Singh, limitation.16, Animesh Mukhopadhyay, Sai Deepak, Siddhartha Dave, Dave, Bench, Ali 9 v., Anr, Dave, Dave, Dave, Dave, Dave, Dave, Cables Limited, Dave, Bench, Ishrat Ali’s, Dave, Dave, Reasons, Rohinton Nariman, J., Anr, Nityananda M. Joshi, Bench, Gaurav Hargovindbhai Dave v. Asset Reconstruction Company, Order XXI, Parag Gupta, Chhotelal, Kuntal Kumar12, Howrah Municipality, Act.72, Bench, Schedule, Schedule, Raveendran, J.said:-, Dave.76, Dave, Bihta Co-operative, S. Sundaram Pillai, Others, V.R. Pattabiraman, Sundaram Pillai, Bindra, exclusion.82, Debtor, V. Sudhish Pai, Shah J.in New India Sugar Mill Limited, P.T. Menghani21, Legislature.94, Ishrat Ali, Narayan Rao, Anr, Ishwarlal Bhagwandas, Satyawati Tandon, Deepak Sai, Metropolitan Magistrate, Dave, GUPTA

DATE: 22nd November 2019, 2019, 25th April 2019, about 8th February 2012, 15th February, 2012, 17th February, May 2012, 31st March 2013.5, about 18th January 2014, 2002, sixty days, 15th July 2014, 18th January 2014, 15 days, 13th December 2014, about 19th December 2014, 24th December 2014, 24th December 2014, 11th May 2017, 24th July 2017, about 10th July 2018, 25th April 2019, 25th April, 2019, 31st March, 2013, 27th August, 2018, almost five years, five months, about three years, six months, Hooghly, 31st March, 2013, 18th January 2014, 2002, approximately 9 months, 18 days, 2002, 24th July 2017, About 11 months, 2019, 1963, 2002, 2002, 1963, 30th March, 2014, 6th December, 2014, 2002, 4th December, 2015, 2002, 16th January, 2019, 23rd September, 2019, 10 on 31st March, 2013, 31st March 2013, 3 years, 31st March, 2016, 10th July, 2018, five years, three months, 29, 2018, 21st January, 2021, 2020, 2019, 2018, 1963, 2020, the day, the day, 1985, 1993, 1993, 2013, 1956, 1909, 1920, 1437, 2020, thirty days, fourteen days, seven days, seven days, 2018, 51, ten days, fourteen days, seven days, 1944, 1963, 1950, 1969, 1940, 1908, 2013, 1963, March 2018, 2018, 2018, 6th June 2018, 1963, 36 of 1963, 1963, 1963, three years, three years, 1908, 2019, three years, three years, 2019, 2020, 2020, three years, 1963, 1963, 2460, 1890, Mad 269 12, 1972, 1963, 1963, 1963, 2869, July 2018, 1993, 2003, 2001, 2971, 1996, 1996, 1996, 2006, 2001, 2008, three months, 30 days, three months, 30 days, three months, 30 days, 3122, an award as three months, thirty days, three months, thirty days, the day, 2016, the day, 1985, twelve years, three years, three years, the end of, almost four years, 18th January 2014, 24th July 2017, 10th July 2018.87, three years, 1963, 1940, 2002, 22, 2002, 2010, sixty days, a period of, thirty days, thirty days, sixty days, forty five days, 1882, 4 of 1882, thirty days, 1993, 51 of 1993, thereunder.99, March 22, 2021

FAC: Hooghly, the Kolkata Bench, the Limitation Act.74

PRODUCT: Hooghly, the Appellant No.1, the Kolkata Bench, the 'SARFAESI Act, the 'SARFAESI Act, the 'SARFAESI Act, the 'SARFAESI Act, SICA

ORDINAL: first, first, first, first, first, second, first, second, first, first, 5th, first, first, second, first, first

GPE: West Bengal, Forums, stakeholders.33, India, K. Venkateswara Rao, Sikri, Anr.8, Babulal, Krishna v. Chattappan11, West Bengal v. Administrator, otherwise.84

WORK_OF_ART: a Demand Notice, Sesh Nath Singh & Ors, the Recovery of Debt Due to Banks and Financial Institutions Act, Debt Recovery Act, The Debts Recovery Tribunal

NORP: Ishrat, suits.46

LOC: District

MONEY: fifty per cent