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Corporate Law

OTS proposal is ‘acknowledgement of debt’ under Limitation Act

Case Law Details

Case Name
Tejas Khandhar Vs Bank of Baroda (NCLAT Delhi)
Date of Judgement/Order
Only available for paid members
Courts
NCLAT
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Tejas Khandhar Vs Bank of Baroda (NCLAT Delhi) Section 18 of the Limitation Act gets attracted the moment acknowledgment in writing signed by the party against whom such right to initiate resolution process under Section 7 IBC ensures. Section 18 of the Limitation Act would come into play every time when the principal borrower and/or the corporate guarantor (corporate debtor), as the case may be,  acknowledge their liability to pay the debt. Such acknowledgment, however, must be before the expiration of the prescribed period of limitation including the fresh period of limitation due to  ackn...
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