Case Law Details
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.
3. Limitation Cannot be Circumvented: The court emphasizes that the bar of limitation cannot be obviated or circumvented by resorting to proceedings under Article 136 of the Constitution when a statutory appeal is an option. This reflects the court’s commitment to upholding statutory frameworks and timely adherence to legal procedures.
4. Dismissal on Grounds of Delay and Merits: The Supreme Court ultimately dismisses the Special Leave Petitions on the dual grounds of delay and merits. The decision stands as a reminder of the court’s commitment to procedural regularity and adherence to timelines.
Conclusion: The dismissal of the Special Leave Petitions in the Gopal Krishnan case by the Supreme Court underscores the importance of adhering to limitation periods. The court’s emphasis on the availability of statutory appeals and its refusal to entertain SLPs beyond the prescribed timelines serves as a guiding principle for litigants. As legal practitioners navigate the intricacies of appeals, this judgment reinforces the significance of timely compliance with statutory frameworks to ensure the efficacy of the legal process.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
There is a delay of 20 days in filing and 191 days in re-filing the Special Leave Petitions.
2. Since the impugned order of the National Company Law Appellate Tribunal dated 28 September 2022 is amenable to the appellate jurisdiction of this Court under Section 62 of the Insolvency and Bankruptcy Code 2016, we decline to entertain a petition under Article 136 of the Constitution. The bar of limitation cannot be obviated or circumvented by taking recourse of proceedings under Article 136 of the Constitution when a statutory appeal is available. We accordingly decline to entertain the Special Leave Petitions only on that ground leaving it open to the petitioner to adopt appropriate remedies in accordance with law.
3. The Special Leave Petitions are, therefore, dismissed on the ground of delay
as well as on merits.
4. Pending applications, if any, stand disposed of.
Author Bio
