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IBC - Highlights / Catch Notes

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CIRP - Period of limitation - When the acknowledgment is ...


Balance Sheets Acknowledgment Valid u/s 18 Limitation Act; Ensures Section 7 IBC Application Not Time-Barred.

August 25, 2022

Case Laws     Insolvency and Bankruptcy     AT

CIRP - Period of limitation - When the acknowledgment is unequivocal and Auditor’s opinion in any manner does not detract it from being an acknowledgment under Section 18 of the Limitation Act, the mere fact that the financial document contains a counter claim shall not in any manner take away the acknowledgment under Section 18 of the Limitation Act. The Adjudicating Authority has rightly held that the balance sheets contain the acknowledgment under Section 18 hence the Application under Section 7 was not barred by time - AT

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