application under Section 7 of the IBC, the application would be barred
6
under Article 137 of the Limitation Act . At the highest, limitation started ... under
Section 7 of the IBC.
36. At the cost of repetition, it is reiterated that in its application
under Section 7 of the IBC
order of the NCLT under the IBC. The IBC is a complete code.
Section 238 of the IBC provides that the Code shall have effect ... Limitation Act 1963, if the
appellant had applied for a certified copy within the prescribed period of limitation under
Section 61(2) of the IBC
Court has held as under:-
“65. As observed above, Section 238A of
the IBC makes the provisions of the
Limitation ... other provision of the Limitation Act to
proceedings under the IBC in the NCLT/NCLAT.
All the provisions of the Limitation Act are
applicable
purpose of computing the period of limitation.
27. In other words, notwithstanding the period of limitation under
the Limitation Act , the Law Giver has thought ... wisdom of the Law Giver. The period of
limitation is provided under the Limitation Act . The law giver
has contemplated that when a moratorium
balance
sheets which would operate as acknowledgement under Section
18 of the Limitation Act, 1963. In this regard, he drew
support from judgment in Asset ... that
the application under Section 7 of the IBC was only filed on
12.09.2018, the application would be barred by limitation
even if the acknowledgements
made under Article 142 of the
Constitution, extended the limitation until further orders,
which renders the appeal filed on 8 June 2020 within
limitation. However ... Limitation Act, if the appellant had
applied for a certified copy within the prescribed period of
limitation under Section 61(2) of the IBC
when will the clock
for calculating the limitation period
run for proceedings under the IBC;
and (ii) is the annexation of a
certified copy mandatory ... person aggrieved by
an order under the IBC to await the
receipt of a free certified copy
under Section 420(3) of the Companies
default arose on 30 April 2014, the petition under Section 7
is not barred by limitation in view of the subsequent events including the
acknowledgements ... plea
of the appellant that the petition under Section 7 of the IBC is barred by
limitation is not prejudiced.
5 Bearing in mind
order passed by the NCLT admitting the
application filed under Section 7 IBC was set aside by
the National Company Law Appellate Tribunal (‘NCLAT ... show that the application filed under Section 7, IBC was
within the period of limitation. Admittedly, the
material relied upon by the Appellant
ground of limitation. The
limitation prescribed for filing an appeal under Section 62(1) of the IBC is 45
days. However, Section 62(2) thereof ... Therefore, the condonable extended period of 15 days available under
Section 62(2) of the IBC expired on 14.04.2025 but the appeal was filed
