supra) was, as to whether
the petition under Section 7 of the IBC was barred by
limitation, on the sole ground that it had been ... with the
proposition that the period of limitation for
making an application under Section 7 or
9 IBC is three years from the date
Appellant.
(xi) The Application of the Appellant under Section 7 of the IBC is
hopelessly barred by limitation, the same having been filed about
eight ... liability has, in fact, been made, thereby
extending limitation under Section 18 of the Limitation Act.”
37. It was also argued that contrary
other provision of the Limitation Act to proceedings under
the IBC in NCLT/Nclat. All the provisions of the Limitation Act are
applicable to proceedings ... There is no specific period of limitation prescribed in the
Limitation Act, 1963 , for an application under the IBC, before the
Adjudicating Authority (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 ... hence, the applicant
filed by the appellant under Section 7 of the IBC was within limitation. Reliance has
also been placed on the letter
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
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
Supra) and 'Jignesh Shah (Supra) the
period of limitation for making an Application under IBC is three years from
the date of accrual ... Court speaks about the Application of
Section 18 of the Limitation Act, 1963, under IBC. ' Section 18 of the Limitation
Act, 1963 gets attracted
submission of Shri Joy Saha that is
extension of limitation under Section 18 of the Limitation Act. The learned
Senior Counsel for the Respondent rely ... above
Sections 14 and 18 of the Limitation Act are also
applicable to proceedings under the IBC.
Company Appeal (AT) (Insolvency
Supra) and 'Jignesh Shah (Supra) the
period of limitation for making an Application under IBC is three years from
the date of accrual ... Court speaks about the Application of
Section 18 of the Limitation Act, 1963, under IBC. ' Section 18 of the Limitation
Act, 1963 gets attracted
submission of Shri Joy Saha that is
extension of limitation under Section 18 of the Limitation Act. The learned
Senior Counsel for the Respondent rely ... above
Sections 14 and 18 of the Limitation Act are also
applicable to proceedings under the IBC.
Company Appeal (AT) (Insolvency
