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IBC: Claim not barred by limitation if appellant approaches appropriate forum in time
Case Law Details
- Case Name
- Sanghvi Movers Ltd. Vs. M/s. Tech Sharp Engineers Pvt. Ltd. (NCLAT)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- NCLAT
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Sanghvi Movers Ltd. Vs. M/s. Tech Sharp Engineers Pvt. Ltd. (NCLAT)
If the Appellant had Approached Appropriate Forum for Appropriate Remedy in Time With Continuous Cause of Action, Then The Claim is Not Barred by Limitation
FACTS
In this case a winding up petition was filed before the Madras High Court as the Appellant had outstanding dues against the services provided by the Respondent.
When the IBC got enforced, an application u/s. 9 was filed for default of the sum of Rs. 38,84,709.
The said application came to be rejected by the NCLT on the ground that it is barred by limitation and hence...






