# In the matter of Gouri Shankar Chatterjee Vs. State Bank of India C.O. 1257-2020

> HC judgment dated 2020-10-15. Citation: TCN-2020-HC-00009. The case involves a petition under Article 227 of the Constitution of India against an order dated…

- **Court:** HC
- **Order date:** 15 Oct 2020
- **Citation:** TCN-2020-HC-00009
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/gouri-shankar-chatterjee-vs-state-bank-of-india-co-1257-2020-fca62b3a

## Summary

### Background

The case involves a petition under Article 227 of the Constitution of India against an order dated August 19, 2019, passed by the National Company Law Tribunal (NCLT), Kolkata Bench, in a Corporate Insolvency Resolution Process (CIRP) application. The petitioner challenges the NCLT's jurisdiction to pass the impugned order, arguing that the corporate debtor's account was declared a Non-Performing Asset (NPA) on August 6, 2012, and the application was filed after the limitation period. The petitioner relies on Supreme Court judgments regarding the application of the Limitation Act and the date when the right to apply accrues in such cases.

## Facts

The State Bank of India initiated a Corporate Insolvency Resolution Process (CIRP) against Hanumanta Engineering Private Limited by filing an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. The NCLT, Kolkata Bench, passed an order on August 19, 2019, admitting the application. The corporate debtor's account was declared a Non-Performing Asset (NPA) on August 6, 2012. The petitioner, Gouri Shankar Chatterjee, challenged the NCLT order, arguing that the application was time-barred under the Limitation Act. The petitioner contended that the limitation period began from the date of declaration of NPA, and the application was filed more than three years after that date. The bank asserted that the bar of limitation did not apply because the corporate

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## Issues and analysis

### Issue 1: Whether the Tribunal had jurisdiction to admit the application under Section 7 of the Insolvency …

**Ratio:** The ratio is that the period of limitation for an application seeking initiation of CIRP

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**Reasoning:** The court reasoned that the application was filed more than three years after the

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**Interpretation:** The interpretation is that the Limitation Act applies to applications under

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**Application:** The court applied the ratio to the facts of the case, noting that the corporate

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## Parties

- **Judges:** Arindam…
- **Appellants:** Gouri Shankar…
- **Respondents:** Hanumanta…; State Bank of…

## Timeline

- **2012-08-06 — Declaration…**: The corporate debtor's account was…
- **2019-08-19 — NCLT Ord…**: The NCLT, Kolkata Bench, passed an order admitting the application under Section 7 of the…

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