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TaxTMI 
TaxTMI 
2019 (1) TMI 840
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....ency & Bankruptcy<br>Justice S.J. Mukhopadhaya Chairperson And Justice Bansi Lal Bhat Member (Judicial) For the Appellant : Mr. Anish R. shah and Mr. Ravhav R., Advocates For the Respondent : Mr. Ashim Sood and Ms. Payal Chandra, Advocates ORDER This appeal has been preferred by the Director of 'M/s. Win Wind Power Energy' (Corporate Debtor) against the order dated 28th September, 2018....
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....2017 wherein the Hon'ble Supreme Court observed that the Limitation Act has in fact been applied since the inception of the Code and observed as below: "27. It is thus clear that since the Limitation Act is applicable to applications filed under Sections 7 and 9 of the Code from the inception of the Code, Article 137 of the Limitation Act gets attracted. "The right to sue", therefore, accrue....
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....ply to the proceedings or appeals before the Adjudicating Authority, the National Company Law Appellate Tribunal, the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal, as the case may be." 3. It is true that the Limitation Act is applicable as far as it practicable in terms of Section 238A of the I&B Code. For triggering a resolution process under Section 7 or Section 9 or Section....
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.... application under Section 9, the application is within the time limit. 5. So far as the claim is concerned, it is for the 'Interim Resolution Professional / Resolution Professional' to decide the claim, which may be corrected by the Adjudicating Authority if so required, and in appropriate case, he may decide whether the claim is time barred or not. 6. In the present case, it is not the cas....