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Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.

Service matter  –  100% reservation , not permissible.

Limitation Act, 1963 (36 of 1963), Section 14 – Does not say that Section 14 can only be invoked on...

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IBC S. 238A – Limitation – We see no reason why Section 14 or 18 of the Limitation Act, 1963 should not apply to proceeding under Section 7 or Section 9 of the IBC – Section 238A of the IBC makes the Limitation Act applicable to proceedings in NCLT/NCLAT ‘as far as may be’ and/or in other words, to the extent they may be applied

Limitation Act S. 5 –  Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act  2015

Insolvency and Banking Code, 2016 (31 of 2016), Section 238A  - Another civil proceeding whether in a Court of first...

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Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.

Service matter  –  100% reservation , not permissible.

Limitation Act, 1963 (36 of 1963), Section 14 – Does not say that Section 14 can only be invoked on...

Read more

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