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Supreme Court of India 2021-09-14 dismissed

National Spot Exchange Limited vs Mr. Anil Kohli, Resolution Professional for Dunar Foods Limited

Bench: 2 — M.R. Shah, Aniruddha Bose

In Brief

National Spot Exchange Limited appealed against rejection of its claim in the corporate insolvency process of Dunar Foods Limited. The NCLAT dismissed the appeal as barred by limitation, refusing to condone a 44-day delay beyond the 30-day statutory period (which allowed condonation of only 15 additional days). The Supreme Court upheld the dismissal, holding that when a statute prescribes a maximum period for condonation, courts cannot exceed it even under Article 142 of the Constitution. Hardship and equitable considerations cannot override statutory limits on condonation. Special statutes like the IBC take precedence over general limitation provisions.

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Insolvency and Bankruptcy Limitation of Suits and Appeals Constitutional Law Statutory Interpretation Condonation of Delay Corporate Insolvency Resolution Process

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