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.
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