There is no specific
period of limitation prescribed under the Limitation Act, 1963 for an
application filed under IBC. Consequently Article 137 of the Limitation ... file an application under Section 7 IBC after
dismissal of the suit for want of jurisdiction, that
application under Section 7 IBC would be time
disputed.
5. The CIRP proceedings were initiated under The Insolvency and
Bankruptcy Code, 2016 (IBC) against the petitioner. The petitioner seeks to
take advantage ... Resolution Professional appointed under the IBC continued with the
arbitration even during the moratorium during the CIRP under the IBC.
7. The petitioner has taken
falls within the limitation calculated from 11.5.2018. The law is settled
that the period of limitation for filing an application under section ... purpose of calculating the period of limitation. Section 60(6) discounts any
events under the Limitation Act or any other law for the time being
period of limitation started to run from January 2014 and expired in
December 2017. The application under section 7 of the IBC was
withdrawn from ... 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
petitioner cannot, in the same breath, take shelter under
the moratorium under Section 14 of the IBC, since, in order to get advantage ... petitioner is the
moratorium period under the IBC, in order to argue that the limitation period
stood suspended during the said period.
Approaching from such
joint venture.
Under such circumstances, on the strength of the arbitration
agreement which the parties entered into for resolution of the disputes under
the facility ... will decide
on the issue of arbitrability, admissibility, limitation, misjoinder, effect of the
proceedings under the IBC etc., if raised.
Under such circumstances
joint venture.
Under such circumstances, on the strength of the arbitration
agreement which the parties entered into for resolution of the disputes under
the facility ... will decide
on the issue of arbitrability, admissibility, limitation, misjoinder, effect of the
proceedings under the IBC etc., if raised.
Under such circumstances
extinguished upon
adjudication of the same by the liquidator in the proceedings under the
Insolvency and Bankruptcy Code, 2016. The payment made by the Liquidator ... will decide
on the issue of arbitrability, admissibility, limitation, misjoinder, effect of the
proceedings under the IBC, if raised.
Under such circumstances
extinguished upon adjudication of the same by
the liquidator in the proceedings under the Insolvency and Bankruptcy Code,
2016. The payment made by the Liquidator ... will decide
on the issue of arbitrability, admissibility, limitation, misjoinder, effect of the
proceedings under the IBC, if raised.
Under such circumstances
extension of the Arbitrator's mandate
under Section 29-A of the 1996 Act. The mandate under Section 29-A(1) came ... IBC, 2016
2
where all suits and applications filed by or against the corporate debtor shall
be protected from all laws of limitation under
