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1 - 10 of 13 (0.65 seconds)The Limitation Act, 1963
Section 7 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 8 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
M/S Reliance Asset Reconstruction ... vs M/S Hotel Poonja International Pvt. ... on 21 January, 2021
Reference was
further made to the decision of Reliance Asset Reconstruction
Company Limited vs. Hotel Poonja International, reported in (2021)
7 SCC 352, in support of the contention that a right to sue accrued
when a default occurred and if the default had occurred three years prior
to the filing of an application under section 7 of the IBC, the application
would be barred under Article 137 of the Limitation Act. Similarly, the
acknowledgement of liability in writing, within the prescribed period of
limitation to file a suit and / or application, would lead to computation of
limitation afresh, i.e., from the time when the acknowledgement was so
signed. In this case, the respondents had not signed any
acknowledgement in writing after 2014. The acknowledgement was made
in 2020, which was way beyond the period of limitation. Under such
circumstances, the application should be dismissed as the claim had
become barred by limitation.
Article 137 in Constitution of India [Constitution]
Section 18 in The Limitation Act, 1963 [Entire Act]
Panchanan Dhara & Ors vs Monmatha Nath Maity (Dead) Th. Lrs. & Anr on 12 May, 2006
5. Learned Advocate relied upon the decision of Panchanan Dhara and
Others vs. Monmatha Nath Maity (Dead) Through LRS. And Another
reported in (2006) 5 SCC 340, in support of the contention that the
extension of time for performance of the contract between the parties,
could also be gathered from conduct of the parties and attending
circumstances. Such extension may not always be explicit, but could be
inferred from the way the parties behaved and conducted themselves.