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IBC - Highlights / Catch Notes

Home Highlights October 2019 Year 2019 This

Initiation of CIRP - applicability of time limitation - recovery ...


CIRP Applications Follow Article 137 Limitation Period, Not IBC Commencement Date for Filing Petitions.

October 7, 2019

Case Laws     Insolvency and Bankruptcy     SC

Initiation of CIRP - applicability of time limitation - recovery of dues - The date of coming into force of the IBC Code does not and cannot form a trigger point of limitation for applications filed under the Code. Equally, since “applications” are petitions which are filed under the Code, it is Article 137 of the Limitation Act which will apply to such applications.

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