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Case Law Details

Case Name : Gopal Krishnan Ms & Anr. Vs Ravindra Beleyur & Anr. (Supreme Court of India)
Appeal Number : Special Leave Petition (Civil) Diary No. 2341/2023
Date of Judgement/Order : 02/01/2024
Related Assessment Year :
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Gopal Krishnan Ms & Anr. Vs Ravindra Beleyur & Anr. (Supreme Court of India)

Introduction: The Supreme Court of India, in the case of Gopal Krishnan Ms & Anr. Vs. Ravindra Beleyur & Anr., delivered a significant judgment dismissing Special Leave Petitions (SLP) due to a delay of 20 days and 191 days in filing and re-filing, respectively. The decision underscores the importance of adhering to limitation periods, especially when statutory appeals are available.

Detailed Analysis:

1. Delay in Filing SLP: The case involves a delay of 20 days in initially filing the Special Leave Petitions and an additional delay of 191 days in re-filing. The court takes cognizance of these delays, setting the stage for its subsequent decision.

2. Appellate Jurisdiction and Statutory Appeal: The Supreme Court notes that the impugned order of the National Company Law Appellate Tribunal is amenable to the appellate jurisdiction of the court under Section 62 of the Insolvency and Bankruptcy Code 2016. Given the availability of a statutory appeal, the court declines to entertain the SLP under Article 136 of the Constitution.

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