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Admissibility of application filed under CIRP during pendency of ...


CIRP Application Admissible During SARFAESI Proceedings; Limitation Period Extension Permissible u/s 18 of Limitation Act.

October 18, 2021

Case Laws     Insolvency and Bankruptcy     AT

Admissibility of application filed under CIRP during pendency of the proceeding of SARFAESI Act, 2002 - extension of period of limitation as per section 18 of Limitation Act, 1963 - Non-furnishing of information by the Financial Creditor at the time of filing an Application under Section 7 of the Code need not necessarily entail in dismissal of the Application. Instead, an opportunity can be provided to the Financial Creditor till the admission/rejection of petition to provide additional information required for the satisfaction of the Adjudicating Authority with respect to the occurrence of the default - AT

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