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IBC - Highlights / Catch Notes

Home Highlights September 2022 Year 2022 This

Initiation of CIRP - Period of limitation - It is now well ...


Limitation Act applies to IBC proceedings; Section 7 CIRP in NCLT not preserved by winding-up petition filing.

September 20, 2022

Case Laws     Insolvency and Bankruptcy     SC

Initiation of CIRP - Period of limitation - It is now well settled that the provisions of the Limitation Act are applicable to proceedings under the IBC as far as may be - The limitation for initiation of winding up proceedings in the Madras High Court stopped running on the date on which the Winding Up petition was filed. The initiation of proceedings in Madras High Court would not save limitation for initiation of proceedings for initiation of CIRP in the NCLT under Section 7 of the IBC. - SC

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