Vipin Shersingh Agarwal vs State Bank Of India on 8 July, 2025

Supreme Court – Daily Orders

Vipin Shersingh Agarwal vs State Bank Of India on 8 July, 2025

Author: Pankaj Mithal

Bench: Pankaj Mithal

                                     IN THE SUPREME COURT OF INDIA

                                     CIVIL APPELLATE JURISDICTION

                                     CIVIL APPEAL NO. 7428 OF 2025


                         VIPIN SHERSINGH AGARWAL                            APPELLANT(S)

                                                   VERSUS

                         STATE BANK OF INDIA & ANR.                         RESPONDENT(S)



                                               O R D E R

1. Heard learned counsel for the appellant.

2. The only point canvassed before us is that the

default had occurred on 31.01.2017 and, therefore, the

application filed under Section 95 of the Insolvency

and Bankruptcy Code, 2016 (‘the Code’) was barred by

limitation. The National Company Law Appellate

Tribunal (‘NCLAT’) in the impugned order has clearly

stated that the application filed under Section 95 of

the Code is well within the period of limitation in

view of Section 18 of the Limitation Act, 1963 as it

stands extended on account of acknowledgment of the

debt. Plea of acknowledgement of the debt and the

extension of limitation in view of Section 18 of the

Signature Not VerifiedLimitation Act is well taken in the rejoinder which
Digitally signed by
KAVITA PAHUJA
Date: 2025.07.09
16:45:29 IST
Reason: fact is not denied.

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3. In view of the aforesaid facts and circumstances,

we do not consider that the appeal has any merit and

is accordingly dismissed.

4. Pending application(s), if any, shall stand

disposed of.

…………………..J.
(PANKAJ MITHAL)

…………………..J.
(K. V. VISWANATHAN)
NEW DELHI
JULY 08, 2025.

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ITEM NO.21                COURT NO.12                SECTION XVII

                S U P R E M E C O U R T O F     I N D I A
                        RECORD OF PROCEEDINGS

Civil Appeal No(s). 7428/2025

VIPIN SHERSINGH AGARWAL APPELLANT(S)

VERSUS

STATE BANK OF INDIA & ANR. RESPONDENT(S)

FOR ADMISSION
IA No. 147061/2025 – EX-PARTE STAY

Date : 08-07-2025 This matter was called on for hearing today.

CORAM : HON’BLE MR. JUSTICE PANKAJ MITHAL
HON’BLE MR. JUSTICE K.V. VISWANATHAN
[PARTIAL COURT WORKING DAYS BENCH]

For Appellant(s) Mr. Gagan Gupta, Sr. Adv.

Mr. Arvind Gupta, AOR
Mr. Kanav Bhardwaj, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following
O R D E R

1. Heard learned counsel for the appellant.

2. The Civil Appeal is dismissed in terms of the signed order.

3. Pending application(s), if any, shall stand disposed of.

(VARSHA MENDIRATTA) (NIDHI MATHUR)
COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]

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