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        Case ID :
        IBC

        Limitation for a Section 9 IBC application based on MSME Council...

        MSME Council award debts and Section 9 IBC limitation: Section 8 notice can't revive time-barred claims; appeal dismissed.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Limitation for a Section 9 IBC application based on MSME Council awards was examined, specifically whether issuance of a Section 8 demand notice in 2019 revived limitation for an application filed in 2020. It was held that the 10-day period after service of a Section 8 notice is only a condition precedent to filing and cannot be used to compute or extend limitation. The limitation period is governed by Article 137 of the Limitation Act, requiring filing within three years from when the right to sue accrues, i.e., when the award became final and operative. Since the claim was already time-barred when the Section 8 notice was issued, the application remained barred and the appeal was dismissed - NCLAT
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