Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

NCLAT determined the time limitation for filing a company ...


Time Limitation for Company Petition Upheld: Multiple OTS Letters and COVID Extension Validate Respondent's Filing Timeline

April 9, 2025

Case Laws     IBC     AT

NCLAT determined the time limitation for filing a company petition. The Respondent filed the petition on 12.08.2021, which was within the prescribed limitation period, considering multiple one-time settlement (OTS) letters extending the timeline and the Supreme Court's suo moto order extending limitation from 15.03.2020 to 28.02.2022. Despite multiple opportunities, the Appellant failed to contest the Respondent's submissions or provide contrary evidence. The Tribunal noted that limitation is a matter of both fact and law, which can be invoked at any stage. Relying on precedent, the Tribunal found no merit in the Appellant's challenge, consequently dismissing the appeal.

View Source

 


 

You may also like:

  1. Dismissal of Application u/s 7 for initiation of CIRP - Period of limitation - In the Application, which was filed u/s 7, the Appellant has not brought on record the OTS...

  2. One Time Settlement (OTS) - Non-Performing Asset, (NPA) - The sum and substance of the discussion would be that no writ of mandamus can be issued by the High Court in...

  3. Extension of period for issuance of show cause notice u/s 73 of GST Act, 2017 - Validity of N/N. 09/2023 - The Hich Court noted that the Notification extends the time...

  4. NCLAT dismissed the appeal challenging admission of Sec 7 IBC application. Two key issues were addressed: authorization and limitation period. The Assistant General...

  5. HC held reassessment proceedings initiated u/s 148 were invalid due to statutory limitation u/s 149. The original notice was set aside for lacking mandatory approvals...

  6. Appointment of an arbitrator for the adjudication of disputes - Applicability of time limitation - The Supreme Court held that the petition is timely and not hit by...

  7. Refund claim - rejection of refund claim without even dealing with the request of the petitioner seeking extension of time - The extension of time had been granted by...

  8. Refund claim - period of limitation - Aforesaid two letters dated 5-10-1995 and 5-12-1995 could only be regarded as the letters of protest - period of limitation not...

  9. Extension of time in Filing of annual return by Limited Liability Partnerships (LLPs) - Circular

  10. The Supreme Court addressed two key issues: 1) Whether an application u/s 29A(4) of the Arbitration and Conciliation Act, 1996 for extension of the Arbitral Tribunal's...

  11. CBIC has clarified fee requirements for time extension applications under Rules 6 and 7 of Customs and Central Excise Duties Drawback Rules, 2017. The Board addressed...

  12. Appeals challenging refund rejection of additional customs duty on imported mobile phones were dismissed by CESTAT. Though appellant could benefit from time exclusion...

  13. The appeal challenged the admittance of a Section 95 application filed by the Financial Creditor, contending it was time-barred. The key issue was whether a letter dated...

  14. The court examined whether the application filed by the State Bank of India against the personal guarantor u/s 95 was barred by limitation. It was held that even if no...

  15. Seeking extension of time, for 90 days’ time, with a Bonafide request - to extend the time, to pay the balance purchase consideration - The Appellant / Applicant either...

 

Quick Updates:Latest Updates