Web9 Apr 2024 · The Supreme Court has interpreted Section 238A as intended, by making all provisions of the Limitation Act, as applicable, available to proceedings under the IBC. The … Web20 Jun 2024 · 4. Section 238A of IBC, 2016 applies to the entire provisions of IBC, 2016 and as such Article 136 of the Limitation Act, 1963 also applies to an Application filed under Section 95 of IBC, 2016. In the said circumstances, as per Section 3 of the Limitation Act, 2013, even Court / Tribunal is required to examine the debt on the point of ...
Acknowledgment of Debts in Balance Sheet as Afresh Limitation
Web21 Jul 2024 · Section 238 of IBC reads as “Provisions of this Code to override other Laws, which states that the provisions of this Code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such Law”[1] Web11 Oct 2024 · II. Full text of the judgement. JUDGMENT. R.F. NARIMAN, J. 1.The present appeals are concerned with Section 238A of the Insolvency and Bankruptcy Code, 2016 (“Code”), which was inserted by the Insolvency and Bankruptcy Code (Second Amendment) Act, 2024 with effect from 06.06.2024.The said Section is as follows: sacoche tn
A Study on Section 238 of IBC, 2016 – By Ms. Parul Sardana
Web1 Jul 2024 · Finally, the legislature cleared up the uncertainties and inserted Section 238A in the Code by IBC Amendment, 2024 w.e.f 06.06.2024, which made the provisions of Limitation Act applicable to the proceedings and appeals before Adjudicating Authority, NCLAT and Debt Recovery Tribunal. Web3 Dec 2024 · The judgment arose from a batch of cases in which NCLAT held that Limitation Act does not apply to applications made under section 7 and section 9 of IBC from the date of commencement of IBC (i.e. 1 December 2016) until the date on which the IBC was amended to incorporate section 238A of IBC (i.e. 6 June 2024). Web27 Apr 2024 · Section 18 of Limitation Act is applicable to the IBC by virtue of Section 238A of the IBC Relying on the recent judgments of the Supreme Court in Sesh Nath Singh (2024 SCC OnLine SC 244) and Laxmi Pat Surana (2024 SCC OnLine SC 267) , the SC observed that the rationale for introducing Section 238A of the IBC is to make the Limitation Act … sacoche thule velo