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    <title>2020 (2) TMI 396 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI</title>
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    <description>An application under section 7 of the Insolvency and Bankruptcy Code, 2016 was held to be governed by Article 137 of the Limitation Act, 1963, so the three-year limitation period ran from the date of default. On the facts stated, the default occurred in June 2015 and the application filed in January 2019 was time-barred. Prior SARFAESI and recovery proceedings did not attract section 14 because they were not proceedings in a wrong forum without jurisdiction, and the one-time settlement proposal did not constitute a valid acknowledgement within limitation under section 18. The admission order was set aside and the section 7 application was dismissed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=391952</link>
      <description>An application under section 7 of the Insolvency and Bankruptcy Code, 2016 was held to be governed by Article 137 of the Limitation Act, 1963, so the three-year limitation period ran from the date of default. On the facts stated, the default occurred in June 2015 and the application filed in January 2019 was time-barred. Prior SARFAESI and recovery proceedings did not attract section 14 because they were not proceedings in a wrong forum without jurisdiction, and the one-time settlement proposal did not constitute a valid acknowledgement within limitation under section 18. The admission order was set aside and the section 7 application was dismissed.</description>
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