19-Year Delay in Fund Recovery Claim: Supreme Court Permits SLP Withdrawal with Liberty to Return to Punjab & Haryana HC [Read Order]

The Supreme Court of India recently allowed a petitioner to withdraw its Special Leave Petition (SLP) impugning a 2024 judgment by the Punjab & Haryana High Court that dismissed the petitioner’s claim of funds for gross delay in approaching the Court.

The petitioner, M/s FIS Global Business Solutions India Pvt. Ltd. had approached the Punjab & Haryana High Court in 2024, seeking relief for demands raised over a period spanning from July 2005 to September 2016.

The petitioner claimed entitlement to certain funds relating to 12 quarters within the timeline from July 2005 to September 2016.

However, the Division Bench comprising Justice Sanjeev Prakash Sharma and Justice Jasjit Singh Bedi refused to entertain the petition, citing an unexplained delay ranging between eight to nineteen years.

The Bench categorically observed that matters involving finance and fund recovery must be pursued within the definite period of limitation. The High Court referenced the limitation applicable to civil monetary suits - the same being three years, which is extendable to twelve years under certain conditions.

In the present case, the Punjab & Haryana High Court found no justifiable reason for the petitioner’s inaction and dismissed the petition on the ground of gross latches and delay. Advocate Aman Bansal appeared for the petitioner before the High Court.

Aggrieved by the dismissal, the petitioner moved the Supreme Court through the present petition.

During the hearing on March 28, 2025, a Bench of Justice J.B. Pardiwala and Justice R. Mahadevan heard Senior Advocate Tarun Gulati, along with Deepak Thackur, Aakansha Wadhwani and Rishabh Mishra appearing for the petitioner.

Upon hearing submissions, the Bench noted that the petitioner wished to withdraw the SLP on the ground that the High Court had not considered certain important aspects while recording its findings on delay.

The Supreme Court granted the request and dismissed the SLP as not pressed while explicitly granting liberty to the petitioner to approach the Punjab & Haryana High Court for further proceedings.

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