Initiation of CIRP - period of limitation - whether the issuance ...

Supreme Court clarifies Recovery Certificate is a "financial debt" under IBC Section 5, enabling CIRP initiation within three years.

June 1, 2022

Case Laws     Insolvency and Bankruptcy     SC

Initiation of CIRP - period of limitation - whether the issuance of Recovery Certificate would not trigger the right to sue. - A liability in respect of a claim arising out of a Recovery Certificate would be a “financial debt” within the meaning of clause (8) of Section 5 of the IBC. Consequently, the holder of the Recovery Certificate would be a financial creditor within the meaning of clause (7) of Section 5 of the IBC. As such, the holder of such certificate would be entitled to initiate CIRP, if initiated within a period of three years from the date of issuance of the Recovery Certificate. 85 - the application under Section 7 of the IBC was within limitation and the learned NCLAT has erred in holding that it is barred by limitation. - SC

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