property. An application under Section 7 of IBC would be covered
by the residuary clause under Article 137 of the Limitation Act . Under the said ... secured by a mortgage and thus, the period of limitation under Article 62 of the
Limitation Act will be applicable.
26
53. The petitioners
discretionary power to condone the long delay in an appeal filed
under the said Act. Upon perusal of the judgments, this Court does not
repose ... CIRP in the NCLT under Section 7 of
the IBC.
29. A claim may not be barred by limitation. It is the remedy for
realisation
discretionary power to condone the long delay in an appeal filed
under the said Act. Upon perusal of the judgments, this Court does not
repose ... CIRP in the NCLT under Section 7 of
the IBC.
29. A claim may not be barred by limitation. It is the remedy for
realisation
IBC was applicable to
proceedings under the FEMA. The Enforcement Directorate could not
proceed against the corporate debtor as long as moratorium under the IBC ... applicable limitation
period.
13. As has been held by the Hon‟ble Apex Court in a catena of decisions,
the provisions of the IBC would
relation to any payments required to be made by the
Company under Applicable Law (including Taxes), or in
relation to any breach, contravention ... claim" and "debt", each as defined under
the IBC, and would consequently qualify as "operational
debt" (as defined under
relation to any payments required to be made by the
Company under Applicable Law (including Taxes), or in
relation to any breach, contravention ... claim" and "debt", each as defined under
the IBC, and would consequently qualify as "operational
debt" (as defined under
relation to any payments required to be made by the
Company under Applicable Law (including Taxes), or in
relation to any breach, contravention ... claim" and "debt", each as defined under
the IBC, and would consequently qualify as "operational
debt" (as defined under
relation to any payments required to be made by the
Company under Applicable Law (including Taxes), or in
relation to any breach, contravention ... claim" and "debt", each as defined under
the IBC, and would consequently qualify as "operational
debt" (as defined under
under Section 60 of the IBC
with the jurisdiction to entertain any
proceeding in relation to insolvency
resolution or liquidation proceedings
under the IBC ... Adjudicating Authority to the
Appellate Authority, the NCLAT, under
Section 61(1) of the IBC. An order of the
NCLAT is subject to an appeal
under Section 60 of the IBC
with the jurisdiction to entertain any
proceeding in relation to insolvency
resolution or liquidation proceedings
under the IBC ... Adjudicating Authority to the
Appellate Authority, the NCLAT, under
Section 61(1) of the IBC. An order of the
7
NCLAT is subject
