failed with earlier attempts to create dispute under
Insolvency and Bankruptcy Code (hereinafter IBC code) and
under MSME Act 2006, the plaintiff is now making ... under IBC code and under MSME Act has lodged the
present proceedings under the provisions of Commercial Courts
Act . It is averred that under
failed with earlier attempts to create dispute under
Insolvency and Bankruptcy Code (hereinafter IBC code) and
under MSME Act 2006, the plaintiff is now making ... under IBC code and under MSME Act has lodged the
present proceedings under the provisions of Commercial Courts
Act . It is averred that under
Limitation Act. The High
Court took the view that since the proceedings for
initiating corporate insolvency resolution process
("CIRP") under IBC as well ... respondent for the
benefit under Section 14(2) of the Limitation Act.
The relevant observations read as under: -
"10. [...] Worth it to note that
Section 14 of The Limitation Act can be
invoked to grant relief to an applicant under Section 5 of Limitation
Act by purposively construing ... first time raised the issue of
limitation before NCLAT contending that the application under Section
7 of IBC was filed after five years from
defendant
submits that the proceedings under IBC are not money recovery
proceedings and that Section 14 of The Limitation Act has no
application and aforesaid ... entertained.
35. It is apparent that the proceedings before NCLT
under IBC Code 2016 are the civil proceedings and the NCLT
falls within the trappings
from the renewed limitation accruing due to the effect
of Section 18 of the Limitation Act. Section 18 of the
Limitation Act gets attracted ... whom such right to initiate resolution process under
Section 7 IBC enures. Section 18 of the Limitation Act
would come into play every time when
case of deposit, Article 22 of the Limitation Act would apply and the
period of limitation is three years from the date on which ... IBC for filing of the suit. The suit was filed on
25.09.2023. If the limitation is counted under Article 22 from the date of
making
under Section 9 of IBC, which also was
dismissed on 09.05.2022. In the plaint, the plaintiff has claimed benefit under
Section 14 of the Limitation ... petition under the IBC, 2016 which he filed
on 19.11.2019. The said proceedings were also civil in nature. U/s 7 of IBC a
Judgment
proper application, subject to
Law of Limitation. Thereafter, the plaintiff preferred another
application under Sec. 9 of IBC, filed on 08.09.2021, which was also
disposed ... suit for the purpose of computation of limitation in the
subsequent suit under Section 14 of the Limitation Act. The words "or
other cause
circumvent the period of limitation. The order dated
04.02.2019 could not have been challenged beyond the period of
limitation. Therefore, the revision cannot be entertained ... beyond the period of
limitation. The revision petitions are dismissed.
7. However, if any moratorium has come into effect under
IBC, 2016, the Ld. Trial
