open to contend that the limitation for
filing application under Section 7 IBC would be limited to
7 (2021) 8 SCC 481.
6
Article ... proceedings under the IBC.
…………
140. To sum up, in our considered opinion an application
under Section 7 IBC would not be barred by limitation
proceedings under the IBC and that in the case of applications
under Section 7 and 9 of the IBC, the period of limitation is
determined ... Limitation Act are also
applicable to proceedings under the IBC.
139. Section 18 of the Limitation Act cannot also be construed
with pedantic rigidity
Limitation Act are also
applicable to proceedings under the IBC.
141. Section 18 of the Limitation Act cannot also be construed
with pedantic rigidity ... under section 7 IBC.
Further, the acknowledgment must be of a liability in respect of
which financial creditor can initiate action under section 7 IBC
Limitation Act are also
applicable to proceedings under the IBC.
141. Section 18 of the Limitation Act cannot also be construed
with pedantic rigidity ... under section 7 IBC.
Further, the acknowledgment must be of a liability in respect of
which financial creditor can initiate action under section 7 IBC
Hyderabad?
c. Whether such Application is barred by limitation as laid down under
section 238 of IBC r/w Article 137 of Limitation ... Recovery Certificate was
issued. As such, the application under section 7 of the IBC was
within limitation and the learned NCLAT has erred in holding
Hyderabad?
c. Whether such Application is barred by limitation as laid down under
section 238 of IBC r/w Article 137 of Limitation ... Recovery Certificate was
issued. As such, the application under section 7 of the IBC was
within limitation and the learned NCLAT has erred in holding
Hyderabad?
c. Whether such Application is barred by limitation as laid down under
section 238 of IBC r/w Article 137 of Limitation ... Recovery Certificate was
issued. As such, the application under section 7 of the IBC was
within limitation and the learned NCLAT has erred in holding
Limitation Act are also
applicable to proceedings under the IBC.
141. Section 18 of the Limitation Act cannot also be construed
with pedantic rigidity ... under section 7 IBC.
Further, the acknowledgment must be of a liability in respect of
which financial creditor can initiate action under section 7 IBC
under Section 9 of the IBC, would be governed by Article 137 of
the Act. This Tribunal has held under Article 137 of the Limitation ... Limitation Act is not applicable and the period of limitation for
application under Section 9 of the IBC, would be governed by Article
accordance
with Section 13 and 14 of the IBC and Moratorium under Section
14 of the IBC was also imposed.
11. Another point raised ... entitled to avail the benefit
available under Section 14 of the Limitation Act, 1963 (for short “the Limitation
Act ”) as the said provision would