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Insolvency and BankruptcyJanuary 9, 2023Case LawsAT
Initiation of CIRP - Extended period of limitation - Present is not a case where winding up petition filed in the Kolkata High Court was suffering from any defect of jurisdiction or other cause of a like nature. The foundational fact for taking benefit of Section 14 of the Limitation Act being not laid down by the Financial Creditor, no benefit under Section 14 can be claimed by the Appellant - the Adjudicating Authority did not commit any error in rejecting section 7 application filed by the Appellant. - AT
Initiation of CIRP - Extended period of limitation - Present is not a case where winding up petition filed in the Kolkata High Court was suffering from any defect of jurisdiction or other cause of a like nature. The foundational fact for taking benefit of Section 14 of the Limitation Act being not laid down by the Financial Creditor, no benefit under Section 14 can be claimed by the Appellant - the Adjudicating Authority did not commit any error in rejecting section 7 application filed by the Appellant. - AT
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