Recovery Certificate - Insolvency proceedings

The holder of the Recovery Certificate would be a financial creditor under clause (7) of Section 5 of the IBC and the limitation period starts from the date of issuance of the certificate

Kotak Mahindra Bank Limited vs. A. Balakrishnan & Anr., Civil Appeal No.689 of 2021

RELEVANT PARAGRAPH

84. To conclude, we hold that a liability in respect of a claim arising out of a Recovery Certificate would be a “financial debt” within the meaning of clause (8) of Section 5 of the IBC. Consequently, the holder of the Recovery Certificate would be a financial creditor within the meaning of clause (7) of Section 5 of the IBC. As such, the holder of such certificate would be entitled to initiate CIRP, if initiated within a period of three years from the date of issuance of the Recovery Certificate.

 

85. We further find that the view taken by the two ­Judge Bench of this Court in the case of Dena Bank (supra) is correct in law and we affirm the same.  We further find that in the facts of the present case, the application under Section 7 of the IBC was filed within a period of three years from the date on which the Recovery Certificate was issued. As such, the application under Section 7 of the IBC was within limitation and the learned NCLAT has erred in holding that it is barred by limitation.