specifically refers to the adjudicating
authority under the IBC, to hold that the nature of proceedings under the IBC,
is effectively similar and relates ... which would prevent further
proceedings under the IBC.
23. A perusal of the petition under Section 8 of IBC, filed before the NCLT
proceedings under the IBC and that in the case of applications
under Section 7 and 9 of the IBC, the period of limitation is
determined ... Limitation Act are also
applicable to proceedings under the IBC.
139. Section 18 of the Limitation Act cannot also be construed
with pedantic rigidity
initiated under Part III of the IBC. He submits that the provision for appeal
under the IBC, i.e., Section 61, falls under Part ... plea of the
petitioners on the aspect of limitation and application under Section 95 of
the IBC not being maintainable against the petitioners herein
initiated under Part III of the IBC. He submits that the provision for appeal
under the IBC, i.e., Section 61, falls under Part ... plea of the
petitioners on the aspect of limitation and application under Section 95 of
the IBC not being maintainable against the petitioners herein
initiated under Part III of the IBC. He submits that the provision for appeal
under the IBC, i.e., Section 61, falls under Part ... plea of the
petitioners on the aspect of limitation and application under Section 95 of
the IBC not being maintainable against the petitioners herein
initiated under Part III of the IBC. He submits that the provision for appeal
under the IBC, i.e., Section 61, falls under Part ... plea of the
petitioners on the aspect of limitation and application under Section 95 of
the IBC not being maintainable against the petitioners herein
submissions have been made:
(i) At the stage of deciding an application under Order VII Rule 11 of the
CPC , reference only ... Insolvency and Bankruptcy Code, 2016
(IBC) for initiating the present suit.
(vii) Limitation has to be calculated under Indian law and in terms thereof
said clause is reproduced as under: -
"8.6.2. In respect of Sub Judice Claims from Operational
Creditors (including without limitation, claims made by ISGEC
Heavy ... claim" and "debt", each as defined under the IBC, and would
consequently qualify as "operational debt" (as defined under
while considering the provision of limitation before
filing an appeal before the NCLAT under Section 61 of the IBC which states
that "(1) Notwithstanding ... being made available" under a general
enactment (Companies Act ) would do violence to the
special provisions enacted under IBC where timing is
critical
Managing Director to provide for the panel
of Arbitrators as under Clause 73.2 of the Agreement.
12.Learned counsel submits that the plea taken ... petitioner is excluded from
the application of limitation Act as envisaged under Section 60(6) of
IBC, 2016. Learned counsel further submitted that in respect
