9911796707
TMI Blog2022 (9) TMI 1579X X X X Extracts X X X X X X X X Extracts X X X X ..... :- The company had paid a sum of Rs.49,50,000/- on 19.12.2016, amounting to acknowledgment of debt - the period of three years has to be calculated from the said date. Reliance is placed on a Judgment of this Court in SESH NATH SINGH ANR. VERSUS BAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD AND ANR. [ 2021 (3) TMI 1183 - SUPREME COURT] , wherein this Court has held We see no reason why Section 14 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h, Adv. For the Respondent : Mr. Piyush Singh, Adv. Mr. Aditya Parolia, Adv. Mr. Akshay Srivastava, Adv. Mr. Rajesh Kumar, Adv. Mr. Gaurav Goel, AOR ORDER The challenge in the present appeal is to an order dated 28.08.2020 passed by the National Company Law Appellate Tribunal, whereby an appeal filed by the respondent herein, the former Managing Director of the company, against an order dated 27.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... td. Anr.,(2021) 7 SCC 313, wherein this Court has held as under:- 65. As observed above, Section 238A of the IBC makes the provisions of the Limitation Act, as far as may be, applicable to proceedings before the NCLT and the NCLAT. The IBC does not exclude the application of Section 6 or 14 or 18 or any other provision of the Limitation Act to proceedings under the IBC in the NCLT/NCLAT. All the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t which the Legislature has in view. The Courts would not give an interpretation to those words which would frustrate the purposes of making the Limitation Act applicable to proceedings in the NCLT/NCLAT as far as may be . The aforesaid judgment was also followed by this Court in a judgment reported as Dena Bank (Now Bank of Baroda) Vs. C. Shivakumar Reddy Anr., (2021) 10 SCC 330. In view of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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