<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2021 (11) TMI 731 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=414950</link>
    <description>A Section 7 application under the Insolvency and Bankruptcy Code was held time-barred because the account had already become non-performing, the right to sue arose on default, and limitation under Article 137 had expired before the BIFR reference. The later dismissal of the BIFR proceedings did not create a fresh cause of action. No valid written acknowledgment signed by the debtor was shown to extend limitation under Section 18 of the Limitation Act, and restructuring material, annual reports, or assignment-related documents did not revive the stale debt. Proceedings under the Code cannot be used to enforce a claim already barred by limitation, so the insolvency petition remained dismissed.</description>
    <language>en-us</language>
    <pubDate>Thu, 18 Nov 2021 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 22 Nov 2021 06:07:56 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=661743" rel="self" type="application/rss+xml"/>
    <item>
      <title>2021 (11) TMI 731 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=414950</link>
      <description>A Section 7 application under the Insolvency and Bankruptcy Code was held time-barred because the account had already become non-performing, the right to sue arose on default, and limitation under Article 137 had expired before the BIFR reference. The later dismissal of the BIFR proceedings did not create a fresh cause of action. No valid written acknowledgment signed by the debtor was shown to extend limitation under Section 18 of the Limitation Act, and restructuring material, annual reports, or assignment-related documents did not revive the stale debt. Proceedings under the Code cannot be used to enforce a claim already barred by limitation, so the insolvency petition remained dismissed.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Thu, 18 Nov 2021 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=414950</guid>
    </item>
  </channel>
</rss>