Tag: Limitation Act
Limitation Act will be applicable retrospectively to the I&B Code
The Supreme Court of India in BK Education Services Private Limited vs. Parag Gupta and Associates[1] held that Section 238 A of the Insolvency and Bankruptcy Code (the “Code”), which was inserted pursuant to an
IBC Ordinance Removes Uncertainty Regarding applicability of Limitation Act
Insolvency & Bankruptcy Code (Amendment) Ordinance, 2018 (“Ordinance”) settled uncertainty regarding the applicability of Limitation Act 1963 over proceeding under the Insolvency and Bankruptcy Code 2016 (“Code”). The Ordinance introduced a new section 238 A
Limitation Act will not apply to Insolvency Proceeding?
The National Company Law Appellate Tribunal (“NCLAT”) in its recent judgment in Black Pearls Hotel Pvt. Ltd v. Planet M Retail Ltd.[1] examined the issue whether the period of limitation prescribed under the Limitation Act
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