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    <title>2025 (1) TMI 1794 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI (LB)</title>
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    <description>An application under section 9 of the Insolvency and Bankruptcy Code was held governed by Article 137 of the Limitation Act, so it had to be filed within three years. Section 4 could apply only if the prescribed period ended on a day when the tribunal was closed; on the facts, the filing was made on 10.10.2019 and not on the claimed date, so that benefit was unavailable and the application remained time-barred. The 10-day notice period under section 8 could not be excluded under section 15(2) because a section 9 proceeding is an application, not a suit, and the exclusion provision did not apply.</description>
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      <description>An application under section 9 of the Insolvency and Bankruptcy Code was held governed by Article 137 of the Limitation Act, so it had to be filed within three years. Section 4 could apply only if the prescribed period ended on a day when the tribunal was closed; on the facts, the filing was made on 10.10.2019 and not on the claimed date, so that benefit was unavailable and the application remained time-barred. The 10-day notice period under section 8 could not be excluded under section 15(2) because a section 9 proceeding is an application, not a suit, and the exclusion provision did not apply.</description>
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