https://www.taxtmi.com/caselaws?id=432448 Under Section 9 of the Insolvency and Bankruptcy Code, limitation may be affected where the creditor was statutorily barred from recovery proceedings during the SICA suspension period; that period could be considered for limitation relief, rather than ignored, in light of Sections 238A and 5 of the Limitation Act, 1963. However, a section 9 application still fails if there was a real, pre-existing dispute before the demand notice. Applying the settled Sections 8 and 9 test, the Court found the correspondence, BIFR proceedings and later civil or arbitral steps showed a plausible dispute, so the insolvency application was not maintainable. en-us Wed, 04 Jan 2023 00:00:00 +0530 Tue, 05 Aug 2025 17:20:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=432448 Under Section 9 of the Insolvency and Bankruptcy Code, limitation may be affected where the creditor was statutorily barred from recovery proceedings during the SICA suspension period; that period could be considered for limitation relief, rather than ignored, in light of Sections 238A and 5 of the Limitation Act, 1963. However, a section 9 application still fails if there was a real, pre-existing dispute before the demand notice. Applying the settled Sections 8 and 9 test, the Court found the correspondence, BIFR proceedings and later civil or arbitral steps showed a plausible dispute, so the insolvency application was not maintainable. Case-Laws IBC Wed, 04 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=432448