Limitation
Section 433 of the Companies Act, 2013 deals with limitation. The provisions of the Limitation Act, 1963 (36 of 1963) shall, as far as may be, apply to proceedings or appeals before the Tribunal or the Appellate Tribunal, as the case may be. The Act came into force on 01 Apr 2014.
The provisions of the Limitation Act, 1963 (36 of 1963) shall, as far as may be, apply to proceedings or appeals before the Tribunal or the Appellate Tribunal, as the case may be.
Section 433, The Companies Act, 2013 (Act 18 of 2013).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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M. Chakravarthi Managing Director of M/s K. A. Earth Movers Private Limited vs Sawhney Trading Company Private Limited Rep. by Managing Director Sachin Pran Sawhney
Court's Decision & Legal Precedent
Deciding the batch led by B.K. Educational Services v. Parag Gupta & Associates, the Court held that the Limitation Act, 1963 applies to proceedings before the NCLT and NCLAT, Section 238A of the Insolvency and Bankruptcy Code being clarificatory of what Section 433 of the Companies Act, 2013 already carried; Article 137 therefore governs applications under Sections 7 and 9, so a time-barred debt cannot be resuscitated to trigger the corporate insolvency resolution process, and Section 5 is available to condone delay.
On this section: Treats Section 433 as the statutory bridge that makes the Limitation Act, including Article 137 and Section 5, applicable to every proceeding and appeal before the Tribunal and the Appellate Tribunal, rather than leaving the matter to the doctrine of laches.
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Brijesh Kumar Agarwal vs Punjab National Bank
Court's Decision & Legal Precedent
Applying the same reasoning, the Court held that limitation law reaches NCLT and NCLAT proceedings through Section 433 of the Companies Act, 2013 read with Section 238A of the Insolvency and Bankruptcy Code, that Article 137 supplies the three-year period for insolvency applications, and that stale claims cannot found a default; the appeals were remanded to the NCLAT for fresh decision on the limitation ground.
On this section: Confirms that Section 433 operates to import the Limitation Act, including Section 5 condonation, into Tribunal proceedings, and makes limitation a live ground on which appeals must be decided afresh.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… This being the position in law, it is clear that when various provisions of the Companies Act were amended by the Eleventh Schedule to the Code, it was unnecessary to apply and adapt Section 433 of the Companies Act to the Code, as was done to various other sections of the Companies Act." 13 The NCLT was constituted under Section 408 of the Companies Act and replaced the erstwhile Company Law Boards. This reference is also provided in the definition of an 'Adjudicating Authority' under Section 5(1) of …
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… Liquidation of companies was handled by the High Courts under the provisions of Sections 271 and 272 of the Companies Act, 2013 corresponding to Sections 433, 434 and 439 of the Companies Act, 1956. Individual bankruptcy and insolvency was dealt with under the Presidency Towns Insolvency Act, 1909 and the Provincial Insolvency Act, 1920, which have been repealed by the IBC. 35. As stated in its Object and Reasons, the objective of the IBC is to consolidate and …
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… Kalyan Chowdhury[34]( page-79-0) would also not be applicable to the facts of the present case inasmuch as, the said judgment also considered the applicability of Section 5 of the Limitation Act to an appeal to the Appellate Tribunal provided under Section 421(3) and 433 of the Companies Act, 2013. 78. The judgment of this Court in the case of Neeraj Jhanji (supra) would not be applicable to the facts of the present case. In the said case, the petitioner had initially <span id="page-79-0"></span><sup>34</sup> (2018) 3 SCC 41 filed a writ petition before the Delhi High …
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 433
What have the courts held on Section 433 of the Companies Act?
M. Chakravarthi Managing Director of M/s K. A. Earth Movers Private Limited vs Sawhney Trading Company Private Limited Rep. by Managing Director Sachin Pran Sawhney (11 Oct 2018) is the leading judgment on this section among those set out below: Treats Section 433 as the statutory bridge that makes the Limitation Act, including Article 137 and Section 5, applicable to every proceeding and appeal before the Tribunal and the Appellate Tribunal, rather than leaving the matter to the doctrine of laches. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 433 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 433, section 433 Companies Act, section 433 of the Companies Act. People searching for it also type companies act 1956 section 433. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with M. Chakravarthi Managing Director of M/s K. A. Earth Movers Private Limited vs Sawhney Trading Company Private Limited Rep. by Managing Director Sachin Pran Sawhney (11 Oct 2018).
What should I read with Section 433 of the Companies Act, and has it changed?
2 instruments name it without being made under it, most recently Companies(Transfer of Pending Proceedings) Second Amendment Rules, 2017 (2017), then Companies (Transfer of Pending Proceedings) Rules 2016 (2016).
When did Section 433 of the Companies Act come into force?
Section 433 of the Companies Act, cited as Companies Act 433, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.