Section 8 Notice Does Not Extend Limitation for IBC Section 9 Filing After Arbitral Award: NCLAT

Haabia Resources Pvt. Ltd Vs Vidyut Metallics Pvt. Ltd (NCLAT Delhi)

 The appeal before the National Company Law Appellate Tribunal (NCLAT), Delhi, challenged an order dated 21.03.2025 of the Adjudicating Authority rejecting a Section 9 application under the Insolvency and Bankruptcy Code, 2016 (IBC) on the ground of limitation. The Adjudicating Authority held that the application was barred by time under Article 137 of the Limitation Act, read with Section 238A of the IBC.

The Operational Creditor’s claim arose from MSME Council arbitral awards dated 26.

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