date of filing the Application under Section 7 of IBC the
Application would be barred under Limitation Act, 1963 , save and except in
the cases ... Applications under Section 7 and 9 of IBC fall under Article 137
of the Limitation Act, 1963 .
23.7 When we go to Sections, Section
within Limitation. It is
argued that under Article 137 of the Limitation Act, 1963 for Application
under Section 7 of IBC the period of Limitation ... difficulty that the Applications under Section 7 and 9 of IBC
fall under Article 137 of the Limitation Act, 1963 .
23.7 When
which is beyond
the threshold of Rs. 1/- Lakh prescribed under Section 4 of 'IBC' for
triggering CIRP Process.
13. Whether the 'Operational ... within the
limitation period.
15. The law with respect to 'date of default' and 'limitation' under 'IBC' has
been
Supreme Court has held
that under the Article 137 of the Limitation Act , the Application under IBC is
required to be filed within three years ... difficulty that the Applications under
Section 7 and 9 of IBC fall under Article 137 of the Limitation Act,
1963 .
23.7 When
appeal for our consideration:
(i) Whether the Application under Section 7 of IBC is barred by limitation?
(ii) Whether the second Application under Section ... other provision of the Limitation Act to proceedings under the
IBC in the NCLT/NCLAT. All the provisions of the Limitation Act are applicable
argued that under Section 19 of the Limitation Act, when
such repayments were made, fresh limitation would start and thus
the Application under Section ... Application
under Section 7 of IBC was filed in the present matter, Section
238A of IBC extending provisions of the Limitation Act was inserted
delay under Section 5 of the Limitation Act
as of right, without making an application.
..........................................................................
66. Similarly under Section 18 of the Limitation ... period of limitation.
...........................................................................
92. In other words, the provisions of the Limitation Act
would apply mutatis mutandis to proceedings under the IBC
in the NCLT
open to contend that the limitation for
filing Application under Section 7 IBC would be
limited to Article 137 of the Limitation Act and
extension ... Limitation Act are also applicable to proceedings
under the IBC.
139. Section 18 of the Limitation Act cannot also be
construed with pedantic rigidity
such, the proceeding before DRT will not
save period of limitation under IBC. The Appellants also argued that
existence of documents of mortgage would ... affect limitation as the
provisions relating to mortgaged property are with regard to Suit and
the present proceeding is an Application under IBC
when will the clock for
calculating the limitation period run for appeals filed under IBC. Para 16.1
contains the question no.1 to the following ... 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
