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The note addresses exclusion of the limitation period during the...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invocation.
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The note addresses exclusion of the limitation period during the pandemic and its effect on a petition based on a corporate guarantee. It applies the Supreme Court direction excluding a defined pandemic interval from limitation computation and treats an out of court acknowledgement by the principal debtor as extending limitation under the Limitation Act acknowledgement rule, with corresponding effect for the guarantor. Whether guarantee invocation occurred by issuing a statutory demand notice is fact specific and depends on the guarantee deed; the adjudicating authority failed to consider these aspects properly, so the matter is remanded for fresh factual and legal determination.
The note addresses exclusion of the limitation period during the pandemic and its effect on a petition based on a corporate guarantee. It applies the Supreme Court direction excluding a defined pandemic interval from limitation computation and treats an out of court acknowledgement by the principal debtor as extending limitation under the Limitation Act acknowledgement rule, with corresponding effect for the guarantor. Whether guarantee invocation occurred by issuing a statutory demand notice is fact specific and depends on the guarantee deed; the adjudicating authority failed to consider these aspects properly, so the matter is remanded for fresh factual and legal determination.
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