Tag: Limitation Act
What constitutes breaking point while applying for appointment of arbitrator?…Supreme Court
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
Balance sheet entries can amount to acknowledgement of debt under Section 18 of Limitation Act
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
PERIOD OF LIMITATION STARTS FROM THE DATE OF DEFAULT, NOT FROM THE DATE OF DECREE: NCLAT
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
Applicability of Limitation Act to Insolvency Cases
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
Limitation Act will be applicable retrospectively to the I&B Code
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
IBC Ordinance Removes Uncertainty Regarding applicability of Limitation Act
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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