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IBC - Highlights / Catch Notes

Home Highlights August 2020 Year 2020 This

Initiation of CIRP - Effect of an ‘Acknowledgment’ of dues after ...


Debtor's Written Acknowledgment Required Within Limitation Period for CIRP Initiation u/s 18 of Limitation Act, 1963.

August 24, 2020

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - Effect of an ‘Acknowledgment’ of dues after the expiry of period of limitation - It cannot be gain said that ‘Acknowledgment of Liability’ is to be in writing, signed by a person against whom the property or right is claimed and the same must be within the period of Limitation. Suffice it for this Tribunal to relevantly point out that to bring an acknowledgment within the meaning of Section 18 of the Limitation Act, 1963, it ought to be an unqualified one which gives a fresh cause of action - AT

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