ValkyaEditorial

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Landmark JudgmentSupreme Court of India

Kotak Mahindra Bank v. A. Balakrishnan: the DRT Recovery Certificate as financial debt and a fresh cause of action under Article 137

On 30 May 2022 a three-judge bench of the Supreme Court, in Kotak Mahindra Bank Ltd v. A. Balakrishnan, held that the liability arising from a Recovery Certificate issued by a Debts Recovery Tribunal under Section 19 of the RDDBFI Act is a 'financial debt' within the meaning of Section 5(8) of the IBC, that the holder of such a Certificate is a 'financial creditor' under Section 5(7) entitled to file a Section 7 application, and — most consequentially for limitation practice — that the Certificate creates a fresh cause of action so that limitation under Article 137 of the Limitation Act runs from the date of its issuance, not from the date of the original default. A close reading of the bench's reasoning, its extension of the Dena Bank v. C. Shivakumar Reddy line, and what the ruling has come to mean for banks, ARCs and corporate debtors at the s.7 admission stage.

Valkya Editorial··13 min