https://www.taxtmi.com/caselaws?id=458790 Limitation under Article 137 applies to section 9 insolvency applications, and a limitation objection may be raised in appeal even if not taken before the Tribunal because section 3 of the Limitation Act requires courts to consider it. The application had been filed beyond three years from the pleaded dates of default, but the actual timeliness depended on later payment activity and an alleged cheque transaction, making limitation a mixed question of law and fact. The admission order was set aside and the matter remanded to the Tribunal to decide limitation after permitting both sides to adduce evidence. en-us Thu, 08 Feb 2024 00:00:00 +0530 Fri, 15 Nov 2024 18:59:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458790 Limitation under Article 137 applies to section 9 insolvency applications, and a limitation objection may be raised in appeal even if not taken before the Tribunal because section 3 of the Limitation Act requires courts to consider it. The application had been filed beyond three years from the pleaded dates of default, but the actual timeliness depended on later payment activity and an alleged cheque transaction, making limitation a mixed question of law and fact. The admission order was set aside and the matter remanded to the Tribunal to decide limitation after permitting both sides to adduce evidence. Case-Laws IBC Thu, 08 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458790