https://www.taxtmi.com/caselaws?id=401521 An application under section 9 of the Insolvency and Bankruptcy Code is not barred by section 69(2) of the Indian Partnership Act merely because it is filed by an unregistered partnership firm, since such an application is an insolvency proceeding and not a suit to enforce a contractual right. The same application remains subject to Article 137 of the Limitation Act, and limitation runs from the date of default. If filed beyond three years from default without a valid acknowledgment or other basis for extension, it is time-barred. On the facts noted, the partnership-law objection failed, but the limitation objection succeeded. en-us Thu, 16 Jul 2020 00:00:00 +0530 Wed, 09 Dec 2020 18:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401521 An application under section 9 of the Insolvency and Bankruptcy Code is not barred by section 69(2) of the Indian Partnership Act merely because it is filed by an unregistered partnership firm, since such an application is an insolvency proceeding and not a suit to enforce a contractual right. The same application remains subject to Article 137 of the Limitation Act, and limitation runs from the date of default. If filed beyond three years from default without a valid acknowledgment or other basis for extension, it is time-barred. On the facts noted, the partnership-law objection failed, but the limitation objection succeeded. Case-Laws Insolvency and Bankruptcy Thu, 16 Jul 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401521