Loading...

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 characters 0/2000
TMI Blog
Home / TMI Blogs / RSS

Continuing default and debt acknowledgment preserved limitation for the insolvency application after the revival scheme failed.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Continuing failure to deliver possession of an allotted unit or refund amounts received constituted a continuing default, creating a continuing cause of action for a financial creditor's insolvency application. Inclusion of the creditor's claim in a settlement scheme operated as an acknowledgment of debt, preventing the claim from being treated as time-barred. The application therefore remained within limitation. Once the revival scheme was declared unworkable and parties were permitted to revive insolvency proceedings, objections based on the scheme's subsistence and parallel proceedings no longer survived. The corporate debtor's admission into insolvency consequently remained effective.....