9911796707
TMI Blog2025 (1) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... letter dated 25th October, 2019 for coming to the conclusion that Section 25(3) of the Indian Contract Act, 1872 will apply and in view of the promise contained in the same letter, the petition under Section 7 of the IB Code was within the limitation - However, the admitted position is that the letter dated 25th October, 2019 was not produced by the respondent before the NCLT and it was produced f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. A brief reference to the facts of the case will be necessary. By order dated 19th March, 2020, an application filed by the respondent-Bank under Section 7 of the Insolvency and Bankruptcy Code, 2016 (for short, "the IB Code") against the appellant was dismissed by the National Company Law Tribunal (for short, "the NCLT") on the ground of bar of limitation. In an appeal p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... October, 2019 was not produced by the respondent before the NCLT and it was produced for the first time in the appeal preferred by the respondent before the NCLAT. The finding on the issue of bar of limitation has been upset by the NCLAT mainly relying upon the letter dated 25th October, 2019. As the said letter was not produced by the respondent before the NCLT, the present appellant could not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
