Limitation and acknowledgment under insolvency law kept the section 7 petition alive and supported admission of CIRP.

Article 137 of the Limitation Act, 1963 governs a section 7 IBC application, with time running from accrual of the right to apply. Written settlement offers and an OTS proposal made within the limitation period were treated as acknowledgments of liability under section 18, extending limitation. The petition was also found properly supported by loan records, recall notice, CIBIL report and the proposed interim resolution professional communication, and the authority of the applicant was accepted. Financial debt and default were established, so the section 7 petition was admitted and CIRP was directed to commence.

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Issues: (i) Whether the section 7 application was barred by limitation or saved by acknowledgment of liability under section 18 of the Limitation Act, 1963. (ii) Whether the petition satisfied the requirements for admission under section 7 of the Insolvency and Bankruptcy Code, 2016.

Issue (i): Whether the section 7 application was barred by limitation or saved by acknowledgment of liability under section 18 of the Limitation Act, 1963.

Analysis: Article 137 of the Limitation Act, 1963 governs applications under section 7 of the Insolvency and Bankruptcy Code, 2016, and limitation runs from the date when the right to apply accrues. On the facts, the date of default was treated as the starting point, but the record also contained several written offers for settlement and one OTS proposal made within the limitation period. Those letters constituted acknowledgment of the debt and liability within the meaning of section 18 of the Limitation Act, 1963, thereby extending the period of limitation.

Conclusion: The application was held to be within limitation and not barred by time.

Issue (ii): Whether the petition satisfied the requirements for admission under section 7 of the Insolvency and Bankruptcy Code, 2016.

Analysis: The petition was found to be in proper form, supported by the loan documents, recall notice, CIBIL report and the written communication of the proposed interim resolution professional. The authority of the person initiating the proceedings on behalf of the financial creditor was also accepted. The existence of a financial debt and default was treated as established for admission purposes.

Conclusion: The petition was admitted and corporate insolvency resolution process was directed to commence.

Final Conclusion: The financial creditor succeeded in establishing a maintainable and timely section 7 application, resulting in commencement of insolvency proceedings and the consequential moratorium and interim resolution process directions.

Ratio Decidendi: For a section 7 insolvency application, limitation is governed by article 137 of the Limitation Act, 1963, and a written acknowledgment of liability made within the limitation period extends time under section 18 of that Act.

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