https://www.taxtmi.com/caselaws?id=299562 Section 238A of the Insolvency and Bankruptcy Code, 2016 makes the Limitation Act, 1963 applicable to a Section 9 insolvency application, and limitation is computed with reference to Part II of the Schedule from the date the right to apply accrues. On the record, the invoices indicated a later accrual date, so the application was not time-barred on the basis adopted by the Adjudicating Authority. As the application was otherwise complete and the limitation objection failed, the rejection could not stand. The matter was remitted for reconsideration with notice to the corporate debtor, and admission of the application and commencement of CIRP were warranted if non-appearance continued. en-us Fri, 05 Apr 2019 00:00:00 +0530 Tue, 21 Dec 2021 08:43:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299562 Section 238A of the Insolvency and Bankruptcy Code, 2016 makes the Limitation Act, 1963 applicable to a Section 9 insolvency application, and limitation is computed with reference to Part II of the Schedule from the date the right to apply accrues. On the record, the invoices indicated a later accrual date, so the application was not time-barred on the basis adopted by the Adjudicating Authority. As the application was otherwise complete and the limitation objection failed, the rejection could not stand. The matter was remitted for reconsideration with notice to the corporate debtor, and admission of the application and commencement of CIRP were warranted if non-appearance continued. Case-Laws Insolvency and Bankruptcy Fri, 05 Apr 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299562