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Continuing failure to deliver possession of an allotted unit or...

Continuing default and debt acknowledgment preserved limitation for the insolvency application after the revival scheme failed.

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IBC September 9, 2026 Case Laws AT
Continuing failure to deliver possession of an allotted unit or refund amounts received constituted a continuing default, creating a continuing cause of action for a financial creditor's insolvency application. Inclusion of the creditor's claim in a settlement scheme operated as an acknowledgment of debt, preventing the claim from being treated as time-barred. The application therefore remained within limitation. Once the revival scheme was declared unworkable and parties were permitted to revive insolvency proceedings, objections based on the scheme's subsistence and parallel proceedings no longer survived. The corporate debtor's admission into insolvency consequently remained effective.

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Acts Income Tax