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IBC - Highlights / Catch Notes

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CIRP - Application filed u/s 7 of IBC dismissed on the ground of ...


NCLT's Dismissal Overturned: Balance Sheets Acknowledge Debt u/s 18 Limitation Act, Reviving Insolvency Claim.

September 20, 2023

Case Laws     Insolvency and Bankruptcy     AT

CIRP - Application filed u/s 7 of IBC dismissed on the ground of time limitation - After perusing the relevant balance sheets and director’s report, it is satisfied that balance sheets contain an acknowledgement of debt and the mere fact that details of litigation emanating from the loan and subsequent events are mentioned in the notes to the account and the director’s report does not denude the value of the balance sheets for purposes of Section 18 of the Limitation Act. - NCLT wongly dismissed the application - AT

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