Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Limitation in insolvency proceedings extended by acknowledgments and recovery certificate; substituted legal heir could continue the pending appeal.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Section 7 insolvency proceedings were held to be within limitation because the corporate debtor's liability was repeatedly acknowledged in balance sheets, one-time settlement proposals and an email communication, attracting Section 18 of the Limitation Act and extending time. The Tribunal also applied the principle that a recovery certificate can constitute a fresh cause of action for initiating insolvency proceedings, so the application could not be treated as time-barred. On substitution, it ruled that the deceased appellant's legal heir could continue the pending appeal, since substitution had already been permitted and the heir merely stepped into the appellant's shoes to preserve the existing proceedings. The limitation objection and the maintainability challenge were rejected.....