Initiation of CIRP - Period of limitation - In the instant case ...

Corporate Insolvency Resolution Process: Debt Default Date Confirmed as September 22, 2016; Application Filed Timely in October 2018.

March 24, 2021

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - Period of limitation - In the instant case part or instalment of the amount of debt has become ‘due and payable’ as on 22.09.2016. It being a running account, considering the manner in which such businesses are conducted and accounts are kept, it would be material to see when the parties concerned treat the debt to be in ‘default’. It is pertinent to mention that the date of default mentioned in Form V of the Application is 22.09.2016 and the Application was filed in October, 2018 - the Application was filed well within the period of limitation. - AT

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