Tag: Limitation Act

What constitutes breaking point while applying for appointment of arbitration...Supreme Court

What constitutes breaking point while applying for appointment of arbitrator?…Supreme Court

Saturday May 27, 2023. BY Aaushi Shah Doshi and Neeli Sandesara | Arbitration and Conciliation

Introduction In the recent judgment of M/s. B and T AG vs. Ministry of Defence[1],the Supreme Court (“the SC”) while discussing on issues of limitation for filing of application under S.11 (“the Application”)of the Arbitration

Insolvency and Backruptcy

Balance sheet entries can amount to acknowledgement of debt under Section 18 of Limitation Act

Monday April 19, 2021. BY IndiaLaw Research | Insolvency & Bankruptcy

The Supreme Court in Asset Reconstruction Company (India) Limited vs. Bishal Jaiswal & Anr.[1] has ruled that entries in balance sheets can amount to acknowledgement of debt for the purpose of extending limitation under Section

Insolvency and Backruptcy

PERIOD OF LIMITATION STARTS FROM THE DATE OF DEFAULT, NOT FROM THE DATE OF DECREE: NCLAT

Saturday February 15, 2020. BY Risha Shah | Insolvency & Bankruptcy

In a recent judgment Sh G Eswara Rao vs. Stressed Assets Stabilisation Fund[i] National Company Law Appellate Tribunal (“NCLAT”), the appellate tribunal under the Insolvency & Bankruptcy Code, 2016 (“I&B Code”) held that period of

Insolvency and Backruptcy

Applicability of Limitation Act to Insolvency Cases

Friday September 27, 2019. BY Umang Shirodariya | Insolvency & Bankruptcy

The Insolvency & Bankruptcy Code 2016 (“IB Code”) was enacted in 2016. The question of applicability of the the Limitation Act, 1963 (“Limitation Act”) to IB Code continues to be a bone of contention till

Insolvency and Backruptcy

Limitation Act will be applicable retrospectively to the I&B Code

Friday October 12, 2018. BY IndiaLaw Research Team | Blog

The Supreme Court of India in BK Education Services Private Limited vs. Parag Gupta and Associates[1] held that Section 238 A of the Insolvency and Bankruptcy Code (the “Code”), which was inserted pursuant to an

Insolvency and Bankruptcy Code

IBC Ordinance Removes Uncertainty Regarding applicability of Limitation Act

Thursday June 7, 2018. BY IndiaLaw Research Team | Insolvency & Bankruptcy

Insolvency & Bankruptcy Code (Amendment) Ordinance, 2018 (“Ordinance”) settled uncertainty regarding the applicability of Limitation Act 1963 over proceeding under the Insolvency and Bankruptcy Code 2016 (“Code”). The Ordinance introduced a new section 238 A

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