under IBC, it could
only be taken that it should be governed by the provisions
under the IBC in regard to the period of limitation ... application under Section 9 , IBC, despite the
combined reading of Section 238A, IBC and the provisions
under the Limitation Act what is legally available
period of limitation, provided the appellant applies within the
prescribed period of limitation under Section 61(2) of the IBC.
14. On the facts ... calculation of limitation, provided the appellant applies
within the prescribed period of limitation under Section 61(2) of the IBC. The Court
held
application under Section 60(5)(c)
of IBC for rejecting the application filed under Section 7 of
IBC as being barred by limitation which ... applications filed under Section 7 of IBC. In case the
application under Section 7 of IBC is filed beyond the
period of limitation of three
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
been held that the limitation
period provided in the Limitation Act would apply to the
applications under the IBC as well. Section 238A ... limitation.”
14. There is authority for the proposition that the time for
computing limitation period for filing an application under Section
7 of the IBC
application under Section 7
IBC, or to the filing of additional documents,
apart from those initially filed along with
application under Section 7 IBC ... that for benefit under Section 18 of
the Limitation Act, the acknowledgment
should be made within expiry of the
limitation provided under law. On this
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
Section 7 Application
under the Code.
"39. When the limitation period for initiating CIRP
under Section 9 IBC is to be reckoned from ... application under Section 9 IBC, despite the
combined reading of Section 238-A IBC and the
provisions under the Limitation Act what is legally
available
when will the clock for calculating the
limitation period run for appeals filed under IBC; and
Company Appeal (AT) (Insolvency ... Limitation Act, if the appellant had applied for a
certified copy within the prescribed period of limitation
under b Section 61 (2) IBC. The construction
Limitation Act, if the appellant had applied for a
certified copy within the prescribed period of limitation under
Section 61(2) of the IBC ... Limitation Act to
the reckoning of limitation for an appeal filed under Section 61(1)
of the IBC.''
18. The Learned
