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Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
HC ruled that the period from 13th March 2018 to 26th November 2019 shall be excluded in computing the limitation period for suit filing under Section 14 of Limitation Act, 1963. The court found the IBC proceedings were bona fide, noting operational creditors routinely file such proceedings due to corporate debtor's potential inability to satisfy debts. The defendant could not challenge the plaintiff's good faith in initiating IBC proceedings, and no assertion was made that such proceedings could not be maintained. The exclusion of this time period was consequently permitted, effectively extending the limitation timeline for the suit's filing.
HC ruled that the period from 13th March 2018 to 26th November 2019 shall be excluded in computing the limitation period for suit filing under Section 14 of Limitation Act, 1963. The court found the IBC proceedings were bona fide, noting operational creditors routinely file such proceedings due to corporate debtor's potential inability to satisfy debts. The defendant could not challenge the plaintiff's good faith in initiating IBC proceedings, and no assertion was made that such proceedings could not be maintained. The exclusion of this time period was consequently permitted, effectively extending the limitation timeline for the suit's filing.
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