Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
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Application under the Insolvency Code seeking initiation of insolvency via a guarantor was time barred under the Limitation Act: the tribunal applied the Article 137 three year limitation to applications under Section 94 and found that invocation of the guarantee in 2016-2017, after NPAs declared in 2013-2014, and the applicants' knowledge of potential insolvency filing rendered the 2023 filing barred. Pending debt recovery/security enforcement proceedings did not extend or exclude the limitation period sufficient to save the belated application, which was dismissed.
Application under the Insolvency Code seeking initiation of insolvency via a guarantor was time barred under the Limitation Act: the tribunal applied the Article 137 three year limitation to applications under Section 94 and found that invocation of the guarantee in 2016-2017, after NPAs declared in 2013-2014, and the applicants' knowledge of potential insolvency filing rendered the 2023 filing barred. Pending debt recovery/security enforcement proceedings did not extend or exclude the limitation period sufficient to save the belated application, which was dismissed.
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