Enforcement of a claim - time barred debt or not - The ...

Claim Under IBC Section 60(5) Denied as Time-Barred by Limitation Act; Recovery via Civil Court Not Permitted.

June 12, 2021

Case Laws Insolvency and Bankruptcy Tri

Enforcement of a claim - time barred debt or not - The Applicant, in the present case, would not be in a position to approach the Civil Court by way of a suit for recovery of money, as the claim amount admittedly falls beyond the prescribed period of limitation and thereby by filing the present Application under Section 60(5) of IBC, 2016, cannot seek to enforce a claim, which is time barred as per the provisions of the Limitation Act, 1963 on the date of initiation of the CIRP itself. - Tri

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Enforcement of a claim - time barred debt or not - The ...

Claim Under IBC Section 60(5) Denied as Time-Barred by Limitation Act; Recovery via Civil Court Not Permitted.

June 12, 2021

Case Laws Insolvency and Bankruptcy Tri

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