https://www.taxtmi.com/caselaws?id=373675 Section 238A of the Insolvency and Bankruptcy Code, 2016 applies the Limitation Act, 1963 to insolvency proceedings, so a Section 9 application is governed by Article 137 and the three-year period from accrual of the right to apply. On the stated facts, the right to apply was treated as accruing when the Code came into force, and the claim was also linked to a continuing commercial relationship, so the application was not time barred. The question whether the underlying claim itself was time barred was treated as a matter for the Interim Resolution Professional or Resolution Professional, subject to correction by the Adjudicating Authority if necessary. en-us Wed, 28 Nov 2018 00:00:00 +0530 Fri, 18 Jan 2019 08:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=373675 Section 238A of the Insolvency and Bankruptcy Code, 2016 applies the Limitation Act, 1963 to insolvency proceedings, so a Section 9 application is governed by Article 137 and the three-year period from accrual of the right to apply. On the stated facts, the right to apply was treated as accruing when the Code came into force, and the claim was also linked to a continuing commercial relationship, so the application was not time barred. The question whether the underlying claim itself was time barred was treated as a matter for the Interim Resolution Professional or Resolution Professional, subject to correction by the Adjudicating Authority if necessary. Case-Laws Insolvency and Bankruptcy Wed, 28 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=373675