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Initiation of CIRP - Financial Creditor - time limitation - The ...


Time Limitation Crucial in Section 7 CIRP: Authority Must Address Even Without Debtor's Objection or Appearance.

November 26, 2022

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - Financial Creditor - time limitation - The mere fact that Corporate Debtor did not appear or filed any objection, was not relevant for consideration of question of limitation by the Adjudicating Authority. - the Adjudicating Authority was obliged to consider the question of limitation of the application under Section 7 filed by the Financial Creditor and without adverting to the said issue application ought not have been admitted. - AT

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