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IBC - Highlights / Catch Notes

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Initiation of CIRP - Period of limitation - the proceedings ...


Operational Creditor's Section 9 Application Dismissed Due to Statute of Limitations in IBC Case.

October 27, 2023

Case Laws     Insolvency and Bankruptcy     AT

Initiation of CIRP - Period of limitation - the proceedings under IBC are not proceedings for recovery of contractual dues - The present was a case filed by the Operational Creditor only for recovery of its contractual dues with regard to default committed as per the case of the Appellant on 30.04.2015 for stage 1 and 23.10.2018 for stage 2. The Adjudicating Authority did not commit any error in rejecting Section 9 application as barred by time - AT

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