2018 (6) TMI 849

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.... Mr. Bansi Lal Bhat, JJ. For The Appellant : Mr. Rohit Rathi, Advocate ORDER This appeal has been preferred by the Appellant- 'Operational Creditor' against the order dated 28th September, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, whereby and whereunder the application preferred by the Appellant under Section 9 of the Insolvency and Bankruptc....

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....tes, for this reason only, delay and laches doctrine has been carved out to meet the situation in constitutional matters. 27. In view of the reasons mentioned above, in whatever line so far limitation is applied to winding up cases, in the same line, prescription of limitation is applicable to the Code as well. As long as limitation is not prescribed under any specific enactment, it goes ....

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....udgment dated 7th November, 2017 observed and held as follows: "68. In view of the settled principle, while we hold that the Limitation Act, 1963 is not applicable for initiation of 'Corporate Insolvency Resolution Process', we further hold that the Doctrine of Limitation and Prescription is necessary to be looked into for determining the question whether the application under Section 7 o....

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....of the Applicant. 71. The stale claim of dues without explaining delay, normally should not be entertained for triggering 'Corporate Insolvency Resolution Process' under Section 7 and 9 of the 'I&B Code'. 72. However, the aforesaid principle for triggering an application under Section 10 of the 'I&B Code' cannot be made applicable as the 'Corporate Applicant' does not claim money....