<?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 (12) TMI 1317 - NATIONAL COMPANY LAW TRIBUNAL NEW DELHI BENCH</title>
    <link>https://www.taxtmi.com/caselaws?id=301318</link>
    <description>An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was treated as governed by Article 137 of the Limitation Act, 1963, requiring filing within three years from the date the right to apply accrues. On the facts noted, the application filed on 13.03.2020 was beyond three years from the pleaded default date of 30.12.2016. The emails relied on by the applicant were found not to constitute a clear acknowledgment of debt under Section 18 of the Limitation Act, as they reflected a dispute over dues rather than an admission of the full claimed liability. The application was therefore time-barred and not maintainable on limitation.</description>
    <language>en-us</language>
    <pubDate>Wed, 01 Dec 2021 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 26 Mar 2022 08:58:09 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=673910" rel="self" type="application/rss+xml"/>
    <item>
      <title>2021 (12) TMI 1317 - NATIONAL COMPANY LAW TRIBUNAL NEW DELHI BENCH</title>
      <link>https://www.taxtmi.com/caselaws?id=301318</link>
      <description>An application under Section 9 of the Insolvency and Bankruptcy Code, 2016 was treated as governed by Article 137 of the Limitation Act, 1963, requiring filing within three years from the date the right to apply accrues. On the facts noted, the application filed on 13.03.2020 was beyond three years from the pleaded default date of 30.12.2016. The emails relied on by the applicant were found not to constitute a clear acknowledgment of debt under Section 18 of the Limitation Act, as they reflected a dispute over dues rather than an admission of the full claimed liability. The application was therefore time-barred and not maintainable on limitation.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Wed, 01 Dec 2021 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=301318</guid>
    </item>
  </channel>
</rss>