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Home Highlights September 2020 Year 2020 This

Initiation of CIRP - existence of default and debt - time ...


CIRP Initiation: Section 22 Limitation Act Inapplicable for Section 7 I&B Code Claims; Count from Default or NPA Date.

September 1, 2020

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - existence of default and debt - time limitation - Section 22 of the Limitation Act, 1963 relates to ‘breaches and torts’, for the purpose of counting the fresh period of limitation. The said Section 22 of the Limitation Act, 1963 may be applicable to find out whether the claim is barred by limitation or not, but cannot be made applicable for counting the period of limitation for Application under Section 7 of the I&B Code, which is to be counted from the date of default/ NPA - AT

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