section (3)” within
“fourteen days of the receipt of the application”. Mr. Shivshankar
further argued that under Section 7(5) of the IBC ... also agreed that Section 18 of the Limitation Act would apply to
proceedings in the NCLT under Section 7 of the IBC. However
Section 5 of the Limitation Act, 1963?
(ii) Whether Section 14 of the Limitation Act, 1963 applies to
applications under Section 7 of the IBC ... Section 14 or 18 of the Limitation Act,
1963 should not apply to proceeding under Section 7 or Section 9 of
the IBC. Of course
while interpreting the proviso to sub-section (5) of Section 7 , Section 9
or sub-section (4) of Section 10 as well. After ... section (3) of Section 7 , within 14 days of
receipt of an application under sub-section (2) of Section 7 of the IBC
Section 3 , clauses (7) and (8) of Section 5 ,
Section 6 and Section 14(1)(a) of the IBC. He further submitted
that the judgment ... Section 3 , clauses (7) and (8) of Section 5 , Section 6 and
clause (a) of subsection (1) of Section 14 of the IBC, which
7
25. On 3rd April 2018, the Appellant, as Financial Creditor, filed an
application under Section 7(2) of the IBC in the National Company ... been paid in the full, in the
Application under Section 7 of the IBC, the Appellant claimed that
principal amount
01st April, 2021)
A.I.S. Cheema, J.
Adjudicating Authority dismissed Section 7 IBC application. Hence Appeal
1. This Appeal has been filed ... Section 434
read with Rule 5 legislature did not treat rights of applicants to file application
under Section 7 of IBC as time barred whose
section (1) of Section 7 . According to sub-section (2) of
Section 7 , the application under sub-section (1) of
Section 7 by a financial ... section (1) of Section 239 read with
Sections 7 , 8 , 9 and 10 of IBC, the Central Government
has notified the Insolvency and Bankruptcy (Application
short, “the NCLT”
7
For short, “ N.I. Act ”
8
stated that the Section 7 petition under the IBC filed by Respondent No. 1 (Mansi ... appellant to initiate proceedings under Section 138 of the
N.I.Act, and subsequently, file a Section 7 IBC petition.
9.1. Continuing further
filed a Company Petition
No.1382/MB/2021 under Section 7 IBC against the
Corporate Debtor on 22.01.2020 without intimating
or making the appellant ... Civil Appeal No.2085 of 2022 Page 5 of 32
under Section 7 IBC passed by the Adjudicating
Authority.
2.15. The appellant, aggrieved
deciding application under Section
7 of the Insolvency and Bankruptcy Code, 2016
before admitting the petition filed under Section 7 of
IBC, this tribunal ... dismissal of C.P. (IB) No.681/7/HDB/2018 filed under
Section 7 of IBC as being barred by limitation. The
interlocutory application
