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Supreme Court of India 2024-10-22 dismissed

VIDYASAGAR PRASAD vs UCO BANK & ANR

Bench: 2 — Pamidighantam Sri Narasimha, Sandeep Mehta

In Brief

The Supreme Court upheld the admission of an application to initiate corporate insolvency proceedings filed by a bank beyond the normal three-year limitation period. The Court held that entries in the corporate debtor's balance sheet, even without naming the specific creditor, can constitute valid acknowledgment of debt under the Limitation Act when examined case-by-case for equivocality. Additionally, a One-Time Settlement proposal letter by the debtor constituted unequivocal acknowledgment of liability. These acknowledgments restarted the limitation clock, allowing the bank's petition filed 4+ years after default to be treated as timely, thereby validating the initiation of insolvency proceedings.

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Insolvency and Bankruptcy Code Limitation Act Acknowledgment of Debt Corporate Insolvency Resolution Process Financial Creditor Rights Limitation Period Extension Balance Sheet Evidence

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