<?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>Special limitation under Section 42 of the I&amp;B Code bars delayed challenge to a liquidator&#039;s claim decision.</title>
    <link>https://www.taxtmi.com/highlights?id=97993</link>
    <description>Section 42 of the I&amp;B Code was treated as a self-contained limitation provision prescribing the remedy, forum and a fourteen-day period to challenge a liquidator&#039;s acceptance or rejection of a claim. The Appellate Tribunal held that Section 238A does not override that special limitation regime or permit extension through Section 5 of the Limitation Act. It further held that pendency of a separate CIRP appeal had no bearing on the Section 42 timeline because the two proceedings operate independently. As the appeal was filed long after receipt of the liquidator&#039;s decision, the delay was beyond condonable limits and the plea of ignorance of remedy was rejected.</description>
    <language>en-us</language>
    <pubDate>Tue, 24 Mar 2026 08:12:27 +0530</pubDate>
    <lastBuildDate>Tue, 24 Mar 2026 08:12:27 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=892380" rel="self" type="application/rss+xml"/>
    <item>
      <title>Special limitation under Section 42 of the I&amp;B Code bars delayed challenge to a liquidator&#039;s claim decision.</title>
      <link>https://www.taxtmi.com/highlights?id=97993</link>
      <description>Section 42 of the I&amp;B Code was treated as a self-contained limitation provision prescribing the remedy, forum and a fourteen-day period to challenge a liquidator&#039;s acceptance or rejection of a claim. The Appellate Tribunal held that Section 238A does not override that special limitation regime or permit extension through Section 5 of the Limitation Act. It further held that pendency of a separate CIRP appeal had no bearing on the Section 42 timeline because the two proceedings operate independently. As the appeal was filed long after receipt of the liquidator&#039;s decision, the delay was beyond condonable limits and the plea of ignorance of remedy was rejected.</description>
      <category>Highlights</category>
      <law>IBC</law>
      <pubDate>Tue, 24 Mar 2026 08:12:27 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=97993</guid>
    </item>
  </channel>
</rss>